Condominium Mechanic’s Liens
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium.
What did you improve?
When assessing your rights under the applicable mechanic’s lien statute, focus on the property that you improved. You are only entitled to lien the property interests for which you made an improvement.
For condominiums, there are common areas and units. The common areas are owned by the condominium trust/association and the units are owned by the individual owners. This year, I commenced a mechanic’s lien action on behalf of a subcontractor against a new, 10-unit condominium in Rhode Island. My client performed improvements to the entire building — both common areas and in the units. The general contractor was hired by the developer of the condominium. By the time final payments were not released some of the units were transferred to