New Jersey § 46:8b-20

§ 46:8b-20.

(a) Except as otherwise provided in section 23, 1 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 condominium

property as a whole. During such period, liens or encumbrances shall arise or be created only against

each unit (including the undivided interest in the common elements appurtenant to

such 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 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 2 against the unit or any other property of any other unit 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 unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common elements, if duly authorized

by the association 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 unit 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 units and shall be subject

to the provisions of subparagraph (b) hereunder. (b) In the event a lien against 2 or more units becomes effective, the owner of each

separate unit may remove his unit (including the undivided interest in the common

elements appurtenant to such unit) from the lien and obtain a discharge and satisfaction

by payment of the proportion thereof attributable to such unit. The proportion so attributable to each unit subject to the lien shall be the proportion

in which all units subject to the lien share among themselves in liability for common

expenses. Subsequent to any such payment, the lien on such unit shall be discharged or otherwise

satisfied of record and the unit (including the undivided interest in the common elements

appurtenant thereto) shall thereafter be free and clear of such lien. Such partial payment, discharge and satisfaction shall not prevent the lienor from

proceeding to enforce his rights against any other unit (including the undivided interest

in the common elements appurtenant thereto) not so paid, satisfied or discharged. 1

N.J.S.A. § 46:8B-23. 2

N.J.S.A. § 2A:44-64 to 2A:44-124. Repealed, see, now N.J.S.A. § 2A:44A-1 et seq.