76-875. Liens affecting the condominium.

330 words·~2 min read·/ne/chapter-76/76-875

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

(a)Except as provided in subsection

(b)of this section, a judgment for money against the association, if the transcript is properly filed, is not a lien on the common elements, but is 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 is subject to the claims of creditors of the association.

(b)If the association has granted a security interest in the common elements to a creditor of the association pursuant to section 76-870 , the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

(c)Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two 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, promptly shall deliver a release of the lien covering that unit. The amount of the payment must 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 may 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.

A judgment against a condominium association results in a lien against each of the units. But a party who obtains a judgment for money against a condominium association may not levy execution against a unit owned by someone other than the condominium association. McGill Restoration v. Lion Place Condo. Assn., 313 Neb. 658, 986 N.W.2d 32 (2023).