Can a contractor assert a mechanic’s lien right against the association and/or its members? – Article by Barry A Ross, APC
A contractor who performed labor or provided services or materials in connection with and at the request of an owner may assert a mechanics lien against that owner’s interest and not against the interest of any other owners. In the case of emergency repairs, an owner’s consent is deemed to have been given. However, in the case of labor performed or services or materials furnished in a common area, if duly authorized by the association, it shall be deemed to be provided with the consent of each condominium owner. Therefore, each owner of a condominium is responsible for his proportionate share of the common area expense and may remove his condominium from the mechanic’s lien by paying his or her proportionate share of the common area expense.
Web Lookup: Mechanic’s liens are governed by Civil Code sec 1369
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