Vermont Statutes Title 27 Sec. 1309
Terms Used In Vermont Statutes Title 27 Sec. 1309
- Apartment: means a part of the property intended for any type of independent use, including commercial uses. See
- Association of owners: means all of the apartment or site owners acting as a group in accordance with the bylaws and declaration. See
- Declaration: means the instrument by which the property is made subject to this chapter, as herein provided, and as the instrument may be amended from time to time. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes the land, the building or site and all improvements and structures thereon all owned in fee simple absolute or any other estate in real property recognized by law and all easements, rights, and appurtenances thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be made subject to this chapter. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Site: means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and other improvements but not including the land on which the site is located. See
§ 1309. Liens against apartments or sites; removal from lien; effect of part payment
(a) After recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien may thereafter arise or be effective against the property. During that period, liens or encumbrances shall arise or be created only against each apartment or site and the percentage of undivided interest in the common areas and facilities, appurtenant to that apartment or site, 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. Labor performed or materials furnished with the consent or at the request of an apartment or site owner or the owner’s agent or the owner’s contractor or subcontractor shall not be a basis for filing a mechanic’s lien against the apartment or site or any other property of any other apartment or site owner not expressly consenting to or requesting the work, except that the express consent shall be deemed to be given to the owner of any apartment or site in the case of emergency repairs. Labor performed and materials furnished for the common areas and facilities, if duly authorized by the association of owners, the manager, or board of directors in accordance with this chapter, the declaration or bylaws, shall constitute a basis for filing a mechanic’s lien against each of the apartments or sites and shall be subject to the provisions of subsection (b) of this section.
(b) If a lien against two or more apartments or sites becomes effective, the owners of the separate apartment or site may remove their apartment or site and the percentage of undivided interest in the common areas and facilities appurtenant to that apartment or site from the lien by payment of the fractional or proportional amounts attributable to each of the apartments or sites affected. The individual payment shall be computed by reference to the percentages appearing on the declaration. After any payment, discharge, or other satisfaction the apartment or site 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. That partial payment, satisfaction, or discharge shall not prevent the lien holder from proceeding to enforce the lien holder’s rights against the rest of the undischarged property. (Added 1967, No. 228 (Adj. Sess.), § 9, eff. Jan. 23, 1968; amended 1993, No. 97, § 2; 2023, No. 6, § 360, eff. July 1, 2023.)