New Jersey § 46:8a-20

§ 46:8a-20.

(a) Subsequent to recording the master deed as provided in this act, and while the

property remains subject to this act, no lien shall arise or be effective against

the property. During such period liens or encumbrances shall arise or be created only against

each apartment and the percentage of undivided interest in the common elements appurtenant

to such apartment, 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 co-owner or his agent

or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant

to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against the apartment

or any other property of any other co-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. Labor performed or materials furnished for the common elements, if duly authorized

by the council of co-owners, the administrator or board of administration or other

administration specified by the by-laws, in accordance with this act, the master deed

or by-laws, shall be deemed to be performed or furnished with the express consent

of each co-owner and shall be the basis for the filing of a lien pursuant to article

10 of chapter 44 of Title 2A of the New Jersey Statutes against each of the apartments

and shall be subject to the provisions of subparagraph (b) hereunder. (b) In the event a lien against 2 or more apartments becomes effective, the owners

of the separate apartments may remove their apartment and the percentage of undivided

interest in the common areas and facilities appurtenant to such apartment from the

lien by payment of the fractional or proportional amounts attributable to each of

the apartments affected. Such individual payment shall be computed by reference to the percentages appearing

in the master deed. Subsequent to any such payment, discharge or other satisfaction the apartment and

the percentage of undivided interest in the common elements 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 apartment and the percentage of undivided

interest in the common elements appurtenant thereto not so paid, satisfied or discharged.