N.Y. Real Property Law § 339-l: Liens against common elements; liens against units; liens for labor performed or materials furnished

§ 339-l. Liens against common elements; liens against units; liens for

labor performed or materials furnished. 1. Subsequent to recording the

declaration and while the property remains subject to this article, no

lien of any nature shall thereafter arise or be created against the

common elements except with the unanimous consent of the unit owners.

During such period, liens may arise or be created only against the

several units and their respective common interests.

2. Labor performed on or materials furnished to a unit shall not be

the basis for the filing of a lien pursuant to article two of the lien

law against the unit of any unit owner not expressly consenting to or

requesting the same, except in the case of emergency repairs. No labor

performed on or materials furnished to the common elements shall be the

basis for a lien thereon, but all common charges received and to be

received by the board of managers, and the right to receive such funds,

shall constitute trust funds for the purpose of paying the cost of such

labor or materials performed or furnished at the express request or with

the consent of the manager, managing agent or board of managers, and the

same shall be expended first for such purpose before expending any part

of the same for any other purpose.