2011 Kentucky Revised Statutes
CHAPTER 381 TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION
381.9195 Other liens affecting the condominium. (Effective January 1, 2011)
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<![CDATA[381.9195 Other liens affecting the condominium. (Effective January 1, 2011)
(1)
(2)
(3)
(4)
Except as provided in subsection (2) of this section, a judgment for money against
the association, if recorded, shall not be a lien on the common elements but shall be
a lien in favor of the judgment lienholder against all of the units in the
condominium at the time the judgment was entered. No other property of a unit
owner shall be subject to the claims of creditors of the association.
If the association has granted a lien or security interest in the common elements to a
creditor of the association pursuant to KRS 381.9185, the holder of that lien or
security interest shall exercise its right against the common elements before its
judgment lien on any unit may be enforced.
Whether perfected before or after the creation of the condominium, if a lien other
than a mortgage, including a judgment lien or lien securing the obligation to pay for
work performed or materials supplied before creation of the condominium, becomes
effective against two (2) or more units, the unit owner of an affected unit may pay to
the lienholder the amount of the lien attributable to his or her unit, and the
lienholder, upon receipt of payment, shall promptly deliver a release of the lien
covering that unit. The amount of the payment shall be proportionate to the ratio
which that unit owner's common expense liability bears to the common expense
liabilities of all unit owners whose units are subject to the lien. After payment, the
association shall not assess or have a lien against that unit owner's unit for any
portion of the common expenses incurred in connection with that lien.
A judgment against the association shall be indexed in the name of the
condominium and the association and, when so indexed, shall be notice of the lien
against the units.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 48, effective January 1, 2011.
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