(a) Liens and encumbrances shall arise with respect to and shall affect a unit of a condominium or conversion condominium property and the percentage of interest in the common areas and facilities appurtenant to it in the same manner and under the same conditions in every respect as the same may arise with respect to and affect any other real estate, except as provided in this section.
(b) Any person who does work or labor upon or furnishes machinery, material or fuel for the alteration or repair of any unit without the consent or authorization of the owner, part owner or lessee of any interest in the unit, or his authorized agent, is nevertheless entitled to a lien to secure payment therefor on the estate or interest in the unit of the owner pursuant to Ohio R.C. Chapter 1311, if the alteration or repair has been duly authorized or directed by the board of managers of the unit owners association and has been necessary in the opinion of the board for public safety or in order to prevent damage to or destruction of any other part of the condominium or condominium conversion property and further provided that the owner, part owner or lessee has twenty-four hours notice of same.
(c) Any person who does work or labor upon or furnishes machinery, material or fuel for the construction, alteration, repair, improvement, enhancement or embellishment of any part of the common areas and facilities of any condominium property is entitled to a lien to secure payment therefor on the estates or interest of all owners in all units and their respective percentages of interest in the common areas and facilities pursuant to Ohio R.C. Chapter 1311, if the construction, alteration, repair, improvement, enhancement or embellishment has been duly authorized or directed by the board of managers of the unit owners association.
(d) Whenever any lien or encumbrance arises with respect to and affects any estate or interest in two or more units, the proportionate amount of the obligation secured or evidenced by the lien or encumbrance that is attributable to the estate or interest in any such unit shall be in the ration that the percentage of interest in the common areas and facilities appurtenant to that unit bears to the total percentages of interests in the common areas and facilities appurtenant to all such units. An estate or interest in a unit may be released and discharged from the operation of the lien or encumbrance, in the same manner and to the same extent that a lien or encumbrance could be released and discharged with respect to any separate parcel of real estate, by payment to the persons or person entitled thereto of the proportionate amount of the obligation secured or evidenced by the lien or encumbrance that is attributable to the estate or interest.
(e) When a lien exists under Ohio R.C. Chapter 1311 to secure payment for work or labor done or machinery, material or fuel furnished for property, which thereafter becomes condominium property through the filing of a declaration under Section 1302.07, regardless of the condominium property to which the lien was originally attached, after the declaration is filed for record, the lien is enforceable as to condominium property only against units and their appurtenant interests in the common areas and facilities owned by the declarant or conveyed by him or other than as described in subsection (f) hereof. Foreclosure of such a lien does not of itself terminate the condominium. This division does not limit the right to enforce a lien arising under Ohio R.C. Chapter 1311 against property that does not become condominium property through the filing of a declaration under Section 1302.07.
(f) No lien acquired under Ohio R.C. Chapter 1311 is enforceable against any purchaser in good faith for value of a unit and its appurtenant interest in the common areas and facilities from the declarant unless the affidavit required by Ohio R.C. Chapter 1311 is filed.
(Ord. 5985-1981. Passed 6-8-81.)