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I am a Gen. Contractor (California) and need to file a lien on a condo' that has a Home Owners Assoc. The HOA is who hired me.

Los Angeles, CA |

The Home Owners Association and the condo's property supervisor are the parties who contracted me. The project "extras" went south real quick. The HOA does not want to pay for the "extras" provided, so how do I file the lien(s)? Do I file on the owners or do I file on the HOA being that they act as agents for the owners? For repairs and services provided that are on the common property area i.e. driveways, property drainage pipes, who is the owner of record for those areas? I halted any further construction/repair, being that the HOA will not pay my existing "extras" already performed. The owner of one of the units is now aware of the need to repair his condo' due to water damage, and my report to the home owner infuriated the HOA and they are now unwilling to pay the extras.

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Attorney answers 1


Given the specific requirements of Mechanic's liens and the consequences if you screw it up, you should get with your construction attorney. Any good general contractor has a construction attorney on retainer.

If I had to guess, the lien is against the Association because it is is the association (the entity) that owns the common areas. However, I question whether a Mechanic's lien is even worth it, the common areas of an association have no real value. I think you are looking at a relatively routine breach of contract lawsuit.

However, I am just speculating, you need to review your options with a construction law attorney in your area.