2006 New York Code - Liens Against Common Elements; Liens Against Units; Liens For Labor Performed Or Materials Furnished.



 
    § 339-l. Liens against common elements; liens against units; liens for
  labor  performed  or materials furnished. 1. Subsequent to recording the
  declaration and while the property remains subject to this  article,  no
  lien  of  any  nature  shall  thereafter arise or be created against the
  common elements except with the unanimous consent of  the  unit  owners.
  During  such  period,  liens  may  arise  or be created only against the
  several units and their respective common interests.
    2. Labor performed on or materials furnished to a unit  shall  not  be
  the  basis  for the filing of a lien pursuant to article two of the lien
  law against the unit of any unit owner not expressly  consenting  to  or
  requesting  the  same, except in the case of emergency repairs. No labor
  performed on or materials furnished to the common elements shall be  the
  basis  for  a  lien  thereon,  but all common charges received and to be
  received by the board of managers, and the right to receive such  funds,
  shall  constitute trust funds for the purpose of paying the cost of such
  labor or materials performed or furnished at the express request or with
  the consent of the manager, managing agent or board of managers, and the
  same shall be expended first for such purpose before expending any  part
  of the same for any other purpose.

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