SECTION 55-79.13. Contributions by co-owners  

All co-owners are bound to contribute pro rata toward the expenses of administration and of maintenance and repairs of the general common elements, and, in the proper case, of the limited common elements of the building or buildings, and toward any other expenses lawfully agreed upon by the council of co-owners.

If a co-owner fails to contribute his share as set forth above, the manager or board of directors of the council of co-owners or, in a proper case, an aggrieved co-owner, may maintain an action at law on behalf of the council of co-owners to recover sums due, for damages, and in equity for injunctive relief.

No co-owner shall be exempt from contributing toward such expenses by waiver or nonuse of the use or enjoyment of the common elements, both general and limited, or by abandonment of the apartment belonging to him.

Said contributions may be determined and a lien, as the master deed may provide upon default in the payment of any such contribution, may be perfected by filing in the clerk's office wherein the master deed is recorded a memorandum showing the name of the delinquent co-owner, the name of the council of co-owners as claimant of the lien, the amount of the claim and a description of the property on which a lien is claimed verified by oath of the agent of the council of co-owners. The clerk shall record and index such lien as provided in § 43-4.1 and shall charge such fees as are provided by law. Such lien shall be released as provided in §§ 43-4.1 through 43-4.1 upon payment of the co-owner of his contributions.

1962, c. 627, § 13; 1966, c. 683; 1973, c. 375.