70-23-607. Claim for common expenses -- priority of lien -- contents -- recording. (1) Whenever an association of unit owners acting through its manager furnishes to a unit any services, labor, or material lawfully chargeable as common expenses, the association of unit owners, upon complying with subsection (2) of this section, shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for the reasonable value of such common expenses, and the lien shall be prior to all other liens or encumbrances upon the unit except:
     (a) tax and assessment liens; and
     (b) a first mortgage or trust indenture of record.
     (2) An association of unit owners claiming the benefits of subsection (1) of this section shall record in the county in which the unit or some part thereof is located a claim containing:
     (a) a true statement of the account due for such common expenses after deducting all just credits and offsets;
     (b) the name of the owner of the unit or reputed owner, if known;
     (c) a description of the property where the common expenses were furnished and the designation of the unit, sufficient for identification.
     (3) The claim shall be verified by the oath of some person having knowledge of the facts and shall be filed with and recorded by the recording officer in the book kept for the purpose of recording liens filed under Title 71, chapter 3, part 5. The record shall be indexed as deeds and other conveyances are required by law to be indexed.

     History: En. Sec. 26, Ch. 120, L. 1965; R.C.M. 1947, 67-2326; amd. Sec. 15, Ch. 202, L. 1987.