I work for a landscape contractor who completes maintenance on common areas within an HOA in Colorado. Our contract is actually signed by the HOA management company as an agent for the HOA board who is currently refusing to pay for invoices covered under the contract. Is it possible to file a mechanics lien against the HOA and/or board? Who do we send the notice of intent letter to?
It appears that Colorado does allow blanket liens for condominiums when work was done on common elements, as mentioned in this landmark CO case: Compass Bank v. Brickman Group Ltd . The Faegre Drinker law firm also has a good breakdown of the case and fallout here: Mechanics' Lien Claims Against Multi-Ownership Properties in Colorado: Blanket Liens and the Duty to Allocate.
Unfortunately, the decision doesn't mention whether multiple notices would be required to pursue a blanket lien. On one hand, Notices of Intent must generally be sent to all owners who will be hit with a lien. On the other hand, an HOA is literally designed to act on behalf of condominium owners - so it wouldn't be surprising to learn that the HOA could receive notice on behalf of all owners. In any event, the safes way to proceed would likely be to provide notice to all owners that'd be involved in the lien claim. Even if that's more than what's required, it could help to put pressure on the HOA to pay its bills.
Finally, keep in mind that this is a complex area of mechanics lien laws, and a Colorado construction lawyer could help to provide some useful insight here. If you decide that's a good option, here's a directory of CO construction attorneys: Top Rated Colorado Construction Lawyers. You can contact them directly from their page in the directory. Additionally, to help with the cost of attorneys, it may be worth checking out Levelset's Legal Guard options.