We have a project open 4843840. This is for an HOA community that is not refusing to pay and then wanted bills cut in half. They told us to just put a lien they do not care since no one is selling. There are 24 units in the condo community and we would like to add each unit to the lien as they had a special meeting to approve or deny the work in December to install a new boiler for the complex. I was asking level set support how to add them each on the lien and they said I had to aske the attorney.
Hello!
Here you are going to want to make a distinction. HOAs and Condos are very weird. They have what can be considered community property and seperate property.
The Condiminium Owners' Association (COA) is responsible for maintenance of the common areas of the property and individual owners are responsible for their separate areas, generally what's inside the home and not part of a shared wall or the communal piping/electricity.
You may not be able to maintain a lien against the individual Condo Owners but an enforcement of a lien against the COA will allow you to step into the shoes of the COA. It's a little bit like a reverse leasehold lien. You would be able to foreclose on the COAs interest subject to the Condo Owners' agreements.
So, to answer your question more succinctly, you should put a lien on the property for nonpayment NOT the individual units (unless you have separate contracts with them). Then you should file suit for breach of contract, promissory estoppel, violation of the Prompt Payment Act, Rule 185, and move to foreclose on the COAs interest. That's what I would recommend based on the facts you've provided here.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com