New Jersey § 2a:44a-24

§ 2a:44a-24.

a. Subject to the requirements of section 14 of P. L.1993, c. 318 ( C.2A:44A-14 ), and in the case of lien claims arising from residential construction contracts

the additional requirements of sections 20 and 21 of P.L.1993, c. 318 ( C.2A:44A-20 and 2A:44A-21 ), a lien claim arising under P.L.1993, c. 318 ( C.2A:44A-1 et al.) shall be enforced by a suit commenced in the Superior Court within one year

of the date of the last provision of work, services, material or equipment, payment

for which the lien claim was filed. Venue shall be laid in the county in which the real property affected by the lien

claim is located. b. A lien claimant shall join as party defendants the owner or community association,

if applicable, in accordance with section 3 of P.L.1993, c. 318 ( C.2A:44A-3 ), contractor or subcontractor alleged to have failed to make payments for which the

lien claim has been filed and any other person having an interest in the real property

that would be adversely affected by the judgment. The court shall order joinder of necessary parties or determine if it is appropriate

for the suit to proceed if party defendants are not joined. c. The court shall stay the suit to the extent that the lien claimant's contract or

the contract of another party against whose account the lien claim is asserted provides

that any disputes pertaining to the validity or amount of a lien claim are subject

to arbitration or other dispute resolution mechanism. d. Upon commencement of the suit, the lien claimant shall cause a Notice of Lis Pendens

to be filed in the office of the county clerk or register pursuant to N.J.S.2A:15-6 et seq. e. A party to a suit to enforce a lien claim shall be entitled to assert any defense

available to any other party in contesting the amount for which a claimant seeks to

have the lien reduced to judgment. f. The judgment to be entered in a suit to enforce a lien claim shall (1) establish

the amount due to the lien claimant; and (2) direct the public sale by the sheriff

or other such officer as the court may direct of the real property and improvement

affected by the lien. The proceeds of the sale shall be distributed in accordance with section 23 of P.L.1993, c. 318 ( C.2A:44A-23 ). If funds are realized at the sale in an amount greater than the lien fund, the surplus

funds shall be distributed in accordance with law. g. Nothing in this act shall bar recovery of money damages pursuant to a lien claim

arising under P.L.1993, c. 318 ( C.2A:44A-1 et al.). h. A judgment obtained against a community association that is unpaid may be enforced

by assessment against unit owners as they would be assessed for any other common expense,

after reasonable notice, and in a manner directed by the court. In ordering assessments, the court shall be guided by the master deed, bylaws or

other document governing the association. A judgment shall not be enforced by the sale of any common elements, common areas

or common buildings or structures of a real property development. i. Upon resolution of the suit other than by the entry of final judgment in favor

of the plaintiff in accordance with subsection f. of this section, a cancellation

or discharge of lis pendens should be filed, by the party who filed the enforcement

action, in the office of the county clerk or register where the notice of lis pendens

is filed.