Maine Code § 33-580

Lien for common charges
Open in Lexace · Ask the AI about this section
1. Liens. Subsequent to recording the declaration as provided in this chapter, and while the
property remains subject to this chapter, 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
such 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 no labor performed or materials furnished with the consent or at the request of a
unit owner or his agent shall be the basis for the filing of a mechanics lien against the unit or any other
property of any other unit owner not expressly consenting to or requesting the same, except that such
express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs
thereto. Labor performed or materials furnished for the common areas and facilities, if authorized by
the association of unit owners, the manager or board of directors, the declaration or bylaws, 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 mechanics lien against each of the units and shall be subject to subsection 2.
[PL 1965, c. 357 (NEW).]
2. Individual payments. If a lien against 2 or more units becomes effective, the owner of any
such unit may remove his unit and his percentage of undivided interest in the common areas and
facilities appurtenant to his unit from the lien by payment of the fractional or proportional amount
attributable to his unit. Such individual payment shall be computed by reference to the percentages
appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction, such unit
and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall
thereafter be free and clear of the lien so paid, satisfied or discharged. Such payment, satisfaction or

discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the
percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid,
satisfied or discharged.
[PL 1965, c. 357 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.