                                 CODE OF VIRGINIA

LIENS OR ENCUMBRANCES (§ 55.1-2016)

A. Subsequent to establishment of a horizontal property regime as provided in
this chapter, and while the property remains subject to this chapter, no lien
shall arise or be effective against the property as a whole or against the
common elements. During such period, liens or encumbrances shall arise or be
created and enforced only against each apartment and the percentage of undivided
interest in the common areas and facilities 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 an
apartment owner or such owner&#8217;s agent, contractor, or subcontractor shall
be the basis for the filing of a mechanic&#8217;s lien against the apartment or
any other property of any other apartment 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 to such
apartment. Labor performed or materials furnished for the common elements and
facilities, if duly authorized by the council of co-owners, the manager, or the
board of directors in accordance with this chapter, the master deed, or the
bylaws, shall be deemed to be performed or furnished with the express consent of
each apartment owner and shall be the basis for the filing of a mechanic&#8217;s
lien against each of the apartments and shall be subject to the provisions of
subsection B. Notice of such lien may be served on the manager or the board of
directors of the council of co-owners.

B. If a lien is filed against two or more apartments and their respective
percentage interest in the common elements, the apartment owners of the separate
apartments may remove their apartments and their percentage interests in the
common elements appurtenant to such apartments from the lien by payment of the
fractional or proportional amounts attributable to each of the apartments
affected, or they may file a written undertaking with surety approved by the
court. Such individual payment, or amount of bond, shall be computed by
reference to the percentage established pursuant to the bylaws of the horizontal
property regime. After such partial payment, filing of bond, partial discharge,
or release, or other satisfaction, the apartment and its percentage interest in
the common elements shall be free and clear of such lien. Such partial payment,
indemnity, satisfaction, or discharge shall not prevent the lienor from
proceeding to enforce its rights against any apartment and its percentage
interest in the common elements not so paid, indemnified, satisfied, or
discharged.

HISTORY: 1966, c. 683, § 55-79.35; 2019, c. 712.