Ohio § 5311.13

§ 5311.13.

(A) Liens and encumbrances arise with respect to and affect a unit of a condominium property

and the undivided interest in the common elements appurtenant to it in the same manner

and under the same conditions as liens and encumbrances arise with respect to and

affect any other real estate, except as provided in this section. (B) Any person who does work or labor upon or furnishes machinery, material, or fuel

for the alteration or repair of any unit without the consent or authorization of any

owner or lessee of any interest in the unit or the owner's or lessee's authorized

agent nevertheless is entitled to a lien to secure payment for the work, labor, machinery,

material, or fuel on the estate or interest in the unit of the owner, pursuant to sections 1311.01 to 1311.38 of the Revised Code , if the work, labor, alteration, or repair was duly authorized or directed by the

board of directors of the unit owners association and necessary in the opinion of

the board of directors for public safety or to prevent damage to or destruction of

any other part of the condominium property. (C) Any person who does work or labor upon or furnishes machinery, material, or fuel

for the construction, alteration, repair, improvement, enhancement, or embellishment

of any part of the common elements of any condominium property is entitled to a lien

to secure payment for the work, labor, machinery, material, or fuel on the estates

or interests of all owners in all units and their respective undivided interests in

the common elements, pursuant to sections 1311.01 to 1311.38 of the Revised Code , if the work, labor, construction, alteration, repair, improvement, enhancement,

or embellishment was duly authorized or directed by the board of directors of the

unit owners association. (D) If a lien or encumbrance arises with respect to and affects any estate or interest

in two or more units, the proportionate amount of the obligation secured or evidenced

by the lien or encumbrance that is attributable to the estate or interest in any unit

shall be in the ratio that the undivided interests in the common elements appurtenant

to that unit bears to the total undivided interests in the common elements appurtenant

to all units.  An estate or interest in a unit may be released and discharged from the operation

of the lien or encumbrance, in the same manner and to the same extent that a lien

or encumbrance is released and discharged with respect to any separate parcel of real

estate, by payment to the lienholder or encumbrancer of the proportionate amount of

the obligation secured or evidenced by the lien or encumbrance that is attributable

to the estate or interest. (E)(1) When a lien exists under Chapter 1311. of the Revised Code to secure payment for

work or labor done or machinery, material, or fuel furnished for property that subsequently

becomes condominium property through the filing and recording of a declaration under section 5311.06 of the Revised Code , regardless of the property to which the lien originally attached, after the declaration

is filed for record, the lien is enforceable as to condominium property only against

units and their appurtenant interests in the common elements that the developer owned

or conveyed, other than as described in division (F) of this section. (2) Foreclosure of a lien described in division (E)(1) of this section does not of itself

terminate the condominium property. (3) Divisions (E)(1) and (2) of this section do not limit the right to enforce a lien

arising under Chapter 1311. of the Revised Code against property that does not become

condominium property through the filing and recording of a declaration under section 5311.06 of the Revised Code . (F) No lien acquired under Chapter 1311. of the Revised Code is enforceable against any

purchaser in good faith for value of a unit and its appurtenant interest in the common

elements from the developer unless the affidavit required by section 1311.06 of the Revised Code is filed for record before the deed or other instrument of conveyance of the unit

is filed for record.