New Hampshire Revised Statutes 479-A:8 – Liens Against Units; Removal From Lien; Effect of Part Payment
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Terms Used In New Hampshire Revised Statutes 479-A:8
- Association of unit owners: means all of the unit owners acting as a group in accordance with the bylaws and declaration. See New Hampshire Revised Statutes 479-A:1
- Common areas and facilities: unless otherwise provided in the declaration or lawful amendments thereto, means and includes: the land on which the building is located. See New Hampshire Revised Statutes 479-A:1
- Declaration: means the instrument by which the property is submitted to the provisions of this chapter as provided in N. See New Hampshire Revised Statutes 479-A:1
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute or leased as provided in N. See New Hampshire Revised Statutes 479-A:1
- 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 enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. See New Hampshire Revised Statutes 479-A:1
- Unit owner: means the person or persons owning a unit in fee simple absolute, or leasing a unit as provided in N. See New Hampshire Revised Statutes 479-A:1
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 such 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 such 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 agent or his contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the association of unit owners, the manager or board of directors in accordance with this chapter, the declaration or bylaws, 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 and shall be subject to the provisions of this section. In the event a lien against 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 such unit from the lien by payment of the fractional or proportional amounts attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing on the declaration. Subsequent to any such payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.