Liens Against Apartments: Removal From Lien; Effect of Part

Payment.

(a)Subsequent to recording the declaration as provided in this Chapter, and while the property remains the subject of a horizontal property regime, no lien shall arise or be created against the common elements. During such COL070307 CH. 45 HORIZONTAL PROPERTY ACT period, liens may arise or be created only against the several apartments and their respective common interests.

(b)Labor performed on or materials furnished to an apartment shall not be the basis of a lien, pursuant to 7 GCA Chapter 33, against the apartment of any apartment 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 apartment in the case of emergency repairs thereto. No labor performed on or materials furnished to the common elements shall be the basis of a lien thereon, but all funds received and to be received by the manager or Board of Directors in payment of common expenses, and the right to receive such funds, shall constitute trust funds for the purpose of paying the costs of such labor or materials performed or furnished at the express request or with the consent of the manager of Board of Directors, and the same shall be expended first for such purpose before spending any part of the same for any other purpose.