2007 Minnesota Statutes

515.09 LIENS AGAINST APARTMENTS; REMOVAL; PART PAYMENT.
    Subdivision 1. Authorized work on common areas. Subsequent to recording the first
conveyance of the first apartment which is conveyed, and while the property remains subject
to sections 515.01 to 515.29, no lien shall thereafter arise or be effective against the property.
During such period liens or encumbrances shall arise or be created 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 an owner's agent, contractor or subcontractor
shall be the basis for the filing of a lien pursuant to the lien law 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 thereto. Labor performed or materials furnished for the common
areas and facilities, if duly authorized by the association of apartment owners, the manager or
board of directors in accordance with sections 515.01 to 515.29, the declaration or 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 lien pursuant to the lien law against each of the apartments and
shall be subject to the provisions of subdivision 2 hereunder.
    Subd. 2. Removal by part payment. In the event a lien against two or more apartments
becomes effective, the apartment owners of the separate apartments may remove their apartment
and the percentage of undivided interest in the common areas and facilities appurtenant to such
apartment from the lien by payment of the fractional or proportional amounts attributable to
each of the apartments affected. Such individual payment shall be computed by reference to
the percentages appearing on the declaration. Subsequent to any such payment, discharge or
other satisfaction the apartment and the percentage of undivided interest in the common areas
and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied
or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from
proceeding to enforce rights against any apartment and the percentage of undivided interest in the
common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
History: 1963 c 457 s 9; 1965 c 602 s 2; 1986 c 444