Can a contractor assert a mechanic’s lien right against the association and/or its members?
A contractor who performs labor or provides 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 within the association. 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.
See also: Forsgren Associates, Inc. v. Pacific Golf Community Development LLC (2010) 182 Cal. App. 4th 135, where the court held that a mechanic’s lien of a golf course builder attached to the adjacent properties where work was performed by the contractor, but not to any other properties.
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