§ 34-36-19. Unit liens.
(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During the period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his or her agent or his or her contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit of any other unit owner not expressly consenting to or requesting the labor or materials, except that the express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the unit owners, the manager or management committee in accordance with §§ 34-36-1 — 34-36-34, 34-36-35 and 34-36-36 the declaration or bylaws or the house rules, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units.
(b) In the event a lien against two (2) or more units becomes effective, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit from the lien by payment of the fractional or proportional amount attributable to each of the units affected. The individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any payment, discharge, or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied, or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied, or discharged.
History of Section.P.L. 1963, ch. 181, § 1.
Structure Rhode Island General Laws
Chapter 34-36 - Condominium Ownership
Section 34-36-1. - Short title.
Section 34-36-2. - Applicability.
Section 34-36-3. - Definitions.
Section 34-36-4. - Units deemed separable.
Section 34-36-5. - Units may be held in ownership as in other property.
Section 34-36-6. - Exclusive ownership and possession.
Section 34-36-7. - Incidents of ownership.
Section 34-36-8. - Compliance with declaration and rules.
Section 34-36-9. - Alterations.
Section 34-36-10. - Declaration — Recording.
Section 34-36-11. - Deeds — Contents.
Section 34-36-12. - Recording of instruments affecting property — Separate index.
Section 34-36-13. - Survey map.
Section 34-36-14. - Descriptions of unit.
Section 34-36-15. - Bylaws — Recording.
Section 34-36-16. - Bylaw provisions.
Section 34-36-17. - Records of management.
Section 34-36-18. - Release of initial liens.
Section 34-36-19. - Unit liens.
Section 34-36-20. - Common expenses — Payment.
Section 34-36-21. - Interest of unit owner acquired on forced sale.
Section 34-36-22. - Removal of property from application of chapter.
Section 34-36-23. - Resubmission of property to chapter.
Section 34-36-24. - Common profits and expenses — Distribution and charging.
Section 34-36-25. - Voluntary conveyance of unit.
Section 34-36-26. - Liability of unit owner for common expenses absolute.
Section 34-36-27. - Separate assessment for taxation.
Section 34-36-28. - Perpetuities and restraints on alienation.
Section 34-36-29. - Insurance.
Section 34-36-30. - Reconstruction on insured loss.
Section 34-36-31. - Repairs on insured loss.
Section 34-36-32. - Sale or disposition of entirety.
Section 34-36-33. - Actions relating to common areas.
Section 34-36-34. - Liability of unit owners, tenants, employees.
Section 34-36-34.2. - Punitive damages — Attorney’s fees.
Section 34-36-35. - Chapter supplemental.
Section 34-36-36. - Severability.
Section 34-36-37. - Rights of tenants upon conversion to condominium ownership.
Section 34-36-38. - Applicability of local ordinance, regulation, and building codes.