78 Prompt Payment and Construction Lien Act
Lien Act,
(a) if on the request of the owner of a unit
(i) work is done in or on or in respect of that unit, or
(ii) material is furnished to be used in or on that unit,
any lien that arises under that Act in consequence of it is on
the estate of the owner in that unit and the owner's share in
the common property;
(b) if on the request of a corporation
(i) work is done in or on or in respect of the common
property or a unit, or both, or
(ii) material is furnished to be used in or on the common
property or a unit, or both,
intended for the benefit of the common property generally,
any lien that arises under that Act in consequence of it is on
the estates of all the owners in all the units and the common
property;
(c) if on the request of a corporation
(i) work is done in or on or in respect of any unit, or
(ii) material is furnished to be used in or on any unit,
RSA 2000
intended for the benefit of that unit, any lien that arises
under that Act in consequence of it is on the estate of the
owner in that unit and the owner's share in the common
property.
(2) Where
(a) a lien referred to in subsection (1)(b) arises, and
(b) a statement of lien is registered against the condominium
plan,
that statement of lien, on being registered against the condominium
plan,
(c) is deemed to be also registered against the certificate of title
for each unit, and
(d) may be enforced against the common property and each unit
in the same manner as if the statement of lien were
specifically registered against the estate of each owner and
that owner's share in the common property.
(3) Where
(a) a lien referred to in subsecti on (1)(b) is registered with the
Registrar, and
(b) payment is made to the holder of the lien in an amount that
is sufficient to discharge the proportion of the liability that
relates to the owner's unit and the owner's share in the
common property,
the holder of the lien shall, on the demand of the owner, provide to
the owner a discharge of the lien as it pertains to the owner's unit
and the owner's share in the common property.
(4) A discharge of a lien that is provided under subsection (3) may
be entered on the condominium plan.
RSA 2000 cC-22 s78;2020 c30 s28