381.9195 Other liens affecting the condominium.

307 words·~1 min read·/ky/chapter-381/381-9195

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsection

(2)of this section, a judgment for money against

the association, if recorded, shall not be a lien on the common elements but shall be

a lien in favor of the judgment lienholder against all of the units in the

condominium at the time the judgment was entered. No other property of a unit

owner shall be subject to the claims of creditors of the association.

(2)If the association has granted a lien or security interest in the common elements to a

creditor of the association pursuant to KRS 381.9185, the holder of that lien or

security interest shall exercise its right against the common elements before its

judgment lien on any unit may be enforced.

(3)Whether perfected before or after the creation of the condominium, if a lien other

than a mortgage, including a judgment lien or lien securing the obligation to pay for

work performed or materials supplied before creation of the condominium, becomes

effective against two

(2)or more units, the unit owner of an affected unit may pay to

the lienholder the amount of the lien attributable to his or her unit, and the

lienholder, upon receipt of payment, shall promptly deliver a release of the lien

covering that unit. The amount of the payment shall be proportionate to the ratio

which that unit owner's common expense liability bears to the common expense

liabilities of all unit owners whose units are subject to the lien. After payment, the

association shall not assess or have a lien against that unit owner's unit for any

portion of the common expenses incurred in connection with that lien.

(4)A judgment against the association shall be indexed in the name of the

condominium and the association and, when so indexed, shall be notice of the lien

against the units.