Page:United States Statutes at Large Volume 77.djvu/492

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D.c. Code 38^°^*

D. c. Code 38^^^'

PUBLIC LAW 88-218-DEC.. 21, 1963

[77 STAT.

During such period liens or encumbrances shall arise or be created and enforced only against each unit and the percentage of imdivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel or real property subject to individual ownership: Provided, That no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to the provisions of section 1237 of the Act of March 3, 1901 (31 Stat. 1384), against the unit o / any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the council of co-owners, the manager, or board of directors in accordance with this Act, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the provisions of section 1237 of ithe Act of March 3, 1901 (31 Stat. 1384), against each of the units and shall be subject to the provisions of subparagraph (b) hereunder. Notice of said lien may be served on the person designated in conformity with section 14(g) of this Act. (b) In the event of filing of a lien against two or more units and their respective percentage interest in the common elements, the unit owners of the separate units may remove their unit and their percentage interest in the common elements appurtenant thereto from the said lien by payment, or may file a written undertaking with surety approved by the court as provided in section 1254 of the Act of March 3, 1901 (31 Stat. 1387), of the fractional or proportional amounts attributable to each of the units affected. Said individual payment, or amount of bond, shall be computed by reference to the percentage established pursuant to section 6 of this Act. After such partial payment, filing of bond, partial discharge, or release, or other satisfaction, the unit and its percentage interest in the common elements shall thereafter be free and clear of such lien. Such partial payment, indemnity, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and its percentage interest in the common elements not so paid, indemnified, satisfied, or discharged. SEC. 26. NONAPPLTCATION OF RULE AGAINST PERPETUITIES AND OP RULE AGAINST UNREASONABLE RESTRAINTS ON ALIENATION TO HORIZONTAL PROPERTY REGIMES.—The rule of property known as the rule

against perpetuities, and the rule of property known as the rule restricting unreasonable restraints on alienation, sections 1023 and 1025 of the Act entitled "An Act to establish a code of laws for the D. c. Code 45- DistHct of Columbia", approved March 3, 1901 (31 Stat. 1J^51, ch. 102; 45-104. 854), shall not be applied to defeat any of the provisions of this Act, or of any declaration, bylaws, or other document executed in accordance with this Act as to the condominium project. This exemption shall not apply to estates in the individual condominium units. SEC. 2Y. SUPPLEMENT OF EXISTING CODE PROVISIONS.—The provisions of this Act shall be in addition to and supplemental to all other provisions of law of the District of Columbia and wheresoever there appears in the provisions the words "square", "lot", "land", "ground", "parcel", "property", "block", or other designation denoting a unit of land, where appropriate to implement this Act, after such descriptive terms, there shall be deemed inserted reference to a

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