2006 Code of Virginia § 55-79.35 - Liens or encumbrances

55-79.35. Liens or encumbrances.

(a) Subsequent to establishment of a horizontal property regime as providedin this chapter, and while the property remains subject to this chapter, nolien shall thereafter arise or be effective against the property. During suchperiod liens or encumbrances shall arise or be created and enforced onlyagainst each apartment and the percentage of undivided interest in the commonareas and facilities appurtenant to such apartment in the same manner andunder the same conditions in every respect as liens or encumbrances may ariseor be created upon or against any other separate parcel of real propertysubject to individual ownership; provided, that no labor performed ormaterials furnished with the consent or at the request of an apartment owneror his agent or his contractor or subcontractor, shall be the basis for thefiling of a mechanic's lien against the apartment or any other property ofany other apartment owner not expressly consenting to or requesting the same,except that such express consent shall be deemed to be given by the owner ofany apartment in the case of emergency repairs thereto. Labor performed ormaterials furnished for the common areas and facilities, if duly authorizedby the council of co-owners, the manager, or board of directors in accordancewith this chapter, the master deed, or bylaws, shall be deemed to beperformed or furnished with the express consent of each apartment owner andshall be the basis for the filing of a mechanic's lien against each of theapartments and shall be subject to the provisions of subparagraph (b)hereunder. Notice of said lien may be served on the manager or the board ofdirectors of the council of co-owners.

(b) In the event of filing of a lien against two or more apartments and theirrespective percentage interest in the common elements, the apartment ownersof the separate apartments may remove their apartment and their percentageinterest in the common elements appurtenant thereto from said lien bypayment, or may file a written undertaking with surety approved by the courtof the fractional or proportional amounts attributable to each of theapartments affected. Said individual payment, or amount of bond, shall becomputed by reference to the percentage established pursuant to the bylaws ofthe horizontal property regime. After such partial payment, filing of bond,partial discharge, or release, or other satisfaction, the apartment and itspercentage interest in the common elements shall thereafter be free and clearof such lien. Such partial payment, indemnity, satisfaction, or dischargeshall not prevent the lienor from proceeding to enforce his rights againstany apartment and its percentage interest in the common elements not so paid,indemnified, satisfied, or discharged.

(1966, c. 683.)