The Vermont Statutes Online

Title 27A : Uniform Common Interest Ownership Act (1994)

Article 003 : Management of the Common Interest Community

• § 3-117. Other liens

  (a) Except as otherwise provided in subsection (b) of this section, a judgment for money against the association pursuant to 12 V.S.A. § 4531a, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real estate of the association and all of the units in the common interest community 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 3-108 of this title, 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 common interest community, if a lien, other than a deed of trust or mortgage, 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 that unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of payment shall be proportional to the ratio of that unit owner’s common expense liability to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association shall not have a lien or assessment against that unit owner’s unit for any portion of the common expenses incurred in connection with that lien.

  (d) A judgment against the association shall be indexed in the name of the common interest community and the association and after it is indexed is notice of the lien against the units. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 36, eff. Jan. 1, 2012.)