Moody and Shea, P.A.

How Are Lien Rights Different for Condo Association Work?

Once a condominium has been created and the Declaration of Condominium has been recorded in the official public records, no lien will attach to the condominium property as a whole without the unanimous consent of all owners. If labor is performed or materials furnished to or for the common elements (that property owned by the association as opposed to any individual unit owner) and the work is authorized by the condominium association, the lienor has lien rights against all condominium units or parcels in the proportions for which the owners are liable for common expenses. While only one Claim of Lien may have to be recorded, when a lawsuit is filed to foreclose on the Claim of Lien, all owners of all parcels or units must be joined as parties to the lawsuit, possibly making foreclosure of the lien very time consuming and costly.

Back to Miscellaneous Construction Lien Topics

Back to Construction Liens

Back to Contractor Resources

DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.

The hiring of an attorney is an important decision that should not be based solely upon advertising. Before you decide, ask us to send free written information about our qualification and experience.

DISCLAIMER: This website is intended to supply general information to the public. Although the information is generally accurate, it cannot be guaranteed. The nature of both Legislation and court decisions is that laws change quickly and visitors should always insure that legal information is accurate before relying on it. The information in this website applies to the laws in the State of Florida. The laws in other jurisdictions may be very different. This information is necessarily brief and may or may not apply to your situation, and should not be relied upon without additional consultation of an experienced attorney . In all cases, please consult an attorney before acting. This website is informational material only and is not intended to be solicitation or legal advice. Nothing on this website shall lead to the creation of an attorney-client relationship absent a written representation letter, signed by all parties, including Moody & Shea, P.A. The use of the internet, including e-mail, for the transmission of confidential or sensitive information is discouraged.