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Other liens affecting the condominium - 68 Pa. Cons. Stat. § 3319Legal Research Home > Pennsylvania Statutes
§ 3319. Other liens affecting the condominium.
(a) General rule.--Except as provided in subsection (b), a
judgment for money against the association, if and when the
judgment has been perfected as a lien on real property, is not a
lien on the common elements, but is 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 is subject to the claims of creditors of the
association.
(b) If security interest in common elements.--If the
association has granted a security interest in the common
elements to a creditor of the association pursuant to section
3318 (relating to conveyance or encumbrance of common elements),
the holder of that security interest shall exercise its right
against the common elements before its judgment lien on any unit
may be enforced.
(c) Release upon payment of unit owner's share.--Whether
perfected before or after the creation of the condominium, if a
lien other than a deed of trust or mortgage, including a
judgment lien or lien attributable to work performed or
materials supplied before creation of the condominium, becomes
effective against two or more units, the unit owner of an
affected unit may pay to the lienholder the amount of the lien
attributable to his unit, and the lienholder, upon receipt of
payment, promptly shall deliver a release of the lien covering
that unit. The amount of the payment must 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 may 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.
(d) Indexing of judgments.--A judgment against the
association must be indexed in the name of the condominium and
the association and, when so indexed, is notice of the lien
against the units.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
1992 Amendment. Act 168 added section 3319.
Cross References. Section 3319 is referred to in section
3102 of this title.
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Last modified: November 27, 2007 |
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