Oklahoma § 60-511 - Liens against unit estates - Discharge

§ 60-511. Liens against unit estates - Discharge

(a) While the property remains subject to this act, no lien

shall arise or be effective against the property as a whole, but

only against each unit ownership estate and such lien shall attach

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, however, that no labor performed or materials

furnished with the consent or at the request of a unit owner or his

agent, his contractor, or subcontractor, shall constitute the basis

for a mechanic's or materialmen's lien against the unit ownership

estate or any other property of any other unit owner who has not

expressly consented to or requested the same, except that for the

purposes of this act such express consent shall be presumed to have

been given by the unit owner in case of emergency repairs thereto.

Labor performed or materials furnished for the common elements, if

duly authorized by the council of unit owners or its duly authorized

agent in accordance with this act, the declaration or bylaws shall

be deemed to be performed or furnished with the express consent of

each unit owner and shall constitute the basis for a mechanic's or

materialmen's lien as now provided by law against each of the unit

ownership estates in the property but shall be subject to the

provisions of subparagraph (b) hereunder.

Oklahoma Statutes - Title 60. Property

(b) When a lien against two or more unit owners is asserted,

each unit owner may discharge his unit ownership estate from such

lien by payment to the lienor of the fractional or proportional

amount which is attributable to his unit ownership estate. Such

individual obligation shall be computed by reference to the

percentage of interest set forth in the declaration. Upon such

payment or satisfaction of the lien claim, the unit ownership estate

shall be free and clear of the lien claim but such release of the

unit owner shall not prevent the lienor from proceeding to establish

and enforce his rights against any other unit owner who has not so

discharged his obligation to the lienor.

Laws 1963, c. 288, § 11.