Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 34-36-19
- Declaration: means the instrument by which the property is submitted to the provisions of this chapter, as it from time to time may be lawfully amended. See Rhode Island General Laws 34-36-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules and regulations covering the operation and maintenance of the property. See Rhode Island General Laws 34-36-3
- Property: means and includes the land, the building, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Rhode Island General Laws 34-36-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Unit: means a part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building. See Rhode Island General Laws 34-36-3
- Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration. See Rhode Island General Laws 34-36-3
(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.