Condominium Lien

Foreclosing Construction Lien on Condominium for Common Area Work

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Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens.  Contrary to popular belief, a lien on a condominium for work performed under the authority of an association to common areas is not a lien on such common areas but a lien on the actual condominium parcels.

Fla. Stat. 718.121(2), ”Labor performed on or materials furnished to a unit shall not be the basis for the filing of a lien pursuant to part I of chapter 713, the Construction Lien Law, against the unit or condominium parcel of any unit owner not expressly consenting to or requesting the labor or materials. Labor performed on or materials furnished to the common elements are not the basis for a lien on the common elements, but if authorized by the association, the labor or materials are deemed to be performed or furnished with the express consent of each unit owner and may be the basis for the filing of a lien against all condominium parcels in the proportions for which the owners are liable for common expenses.” (Emphasis added.)

The proper form of action to foreclosure construction liens for work authorized by an Association is against the Association as a class party representative under Fla. R. Civ. P. 1.221, even though foreclosure is against the individual condominium parcels. See also Graves v. Ciega Verde Condominium Ass’n, Inc., 703 So.2d 1109 (Fla. 2d DCA 1997.)