R.I. Gen. Laws § 34-36-19: Unit liens · HOA Stories
Rhode Island law · Condominium Ownership Act
R.I. Gen. Laws § 34-36-19
Unit liens
The statutory text
Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
(a) 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 the 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 the 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 or her agent or his or her contractor or subcontractor shall be
the basis for the filing of a lien pursuant to the lien law against the
unit of any other unit owner not expressly consenting to or requesting
the labor or materials, except that the express consent shall be deemed
to be given by the owner of any unit in the case of emergency repairs.
Labor performed or materials furnished for the common areas and
facilities, if authorized by the unit owners, the manager or management
committee in accordance with §§ 34-36-1 — 34-36-34, 34-36-35 and
34-36-36 the declaration or bylaws or the house rules, 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.
(b) In the event a lien against two (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 the unit from the lien by payment of the fractional or
proportional amount attributable to each of the units affected. The
individual payment shall be computed by reference to the percentages
appearing in the declaration. Subsequent to any payment, discharge, or
other satisfaction, the unit and the percentage of undivided interest in
the common areas and facilities appurtenant thereto shall be free and
clear of the lien so paid, satisfied, or discharged. Partial payment,
satisfaction or discharge shall not prevent the lienor from proceeding
to enforce his or her rights against any unit and the percentage of
undivided interest in the common areas and facilities appurtenant
thereto not so paid, satisfied, or discharged.