Guam § 45109 - Liens Against Apartments: Removal From Lien; Effect of Part

§ 45109. 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

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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.