Real Property Law §339-l prohibits, except in certain circumstances, the placement of any lien (including a mechanic’s lien) against the common elements of a property that has been converted to condominium ownership. Because of the unique nature of the condominium form of ownership (and the unique rules applicable thereto), contractors, as well as condominium unit owners, boards of managers and even sponsors, should know the rights available to, and the limitations imposed upon, persons retained to supply labor and materials in the construction, renovation or repair of a property under or converted to condominium ownership.
Forms of Ownership
The condominium is a statutorily created form of real property ownership that enables several persons (or legal entities) to share ownership of a single parcel of real property. Although the term “condominium” is commonly used to refer to the physical property, it really refers to the form by which the real property is owned. The condominium form of ownership is a unique hybrid combining ownership in fee (of the condominium units) with ownership in common (of the land and other common elements).
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