70-23-804. Effect of removal -- ownership in common -- liens. If the property is removed from the provisions of this chapter, as provided by 70-23-801 through 70-23-803, the property shall be considered owned in common by all the unit owners. The percentage of undivided interest of each unit owner in the property owned in common shall be the same as the percentage of undivided interest previously owned by such owner in the common elements. Liens affecting any unit shall be liens, in accordance with the then existing priorities, against the undivided interest of the unit owner in the property owned in common.
History: En. Sec. 35, Ch. 120, L. 1965; R.C.M. 1947, 67-2335.
Structure Montana Code Annotated
Chapter 23. Unit Ownership Act -- Condominiums
Part 8. Removal of Property From Unit Ownership Act
70-23-801. Removal from chapter -- recorded instrument -- consent of lienholders
70-23-802. Obsolete property -- restoration or sale -- removal from chapter
70-23-803. Damage to property -- decision not to repair or rebuild -- removal from chapter
70-23-804. Effect of removal -- ownership in common -- liens
70-23-805. Effect of removal -- subject to partition -- sale