https://www.sweeneylawpa.com/construction-liens-against-condominium-property-in-florida/;


This is to say that when an association hires a contractor to complete construction-related work, the work is regarded as sanctioned by all unit owners. It also means that since all unit owners are deemed to consent to the work, if the contractor is left unpaid, he can place a lien on each individual condominium parcel/unit. It is also important to note that the lien against each unit will be in the pro rata amount that the owner is liable for common expenses. And, finally, it means that each owner has the option to discharge the lien from his/her condominium unit. The owner can pay his/her proportional share to discharge the lien or the owner can transfer the lien to a bond or other security.

 

If a contractor is not paid by the association and chooses to enforce the lien and move forward with a lien foreclosure lawsuit, the contractor is not obliged to sue each individual owner. More precisely, the contractor can merely sue the association since the association is deemed to represent the unit owners’ interests. See Trintec Construction, Inc. v. Countryside Village Condominium Association, Inc., 992 So.2d 277 (Fla. 3d DCA 2008) (finding that unpaid roofing contractor that filed lien foreclosure action against association was not required to join all of the unit owners in the action); Four Jay’s Construction, Inc. v. Marina at the Bluffs Condominium Association, Inc., 846 So.2d 555 (Fla. 4th DCA 2003) (finding that balcony contractor properly sued the association in breach of contract action as a class representative on behalf of the owners).

 

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