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Can I file a mechanics lien against the HOA in Arizona without sending preliminary notice?

ArizonaMechanics Lien

I am a licensed contractor who did work for an HOA in Phoenix. I dealt exclusively with the association community manager who I have worked with before for this community as well as one other. He's always paid for the work done. This particular job was one that he has been expecting to fund through an insurance claim. It's been three months and not only have I not been paid, he is not returning emails or phone calls/texts. I am sure he still works for the community management company. I did not send a 20-day notice as I've never had an issue collecting before, Can I put a lien on the HOA?

3 replies

Mar 19, 2020
It sounds from your question like the work has been completed. If that is the case, a preliminary 20-day notice will only reach back to work performed in the last 20 days. There is no lien without it. So it appears you cannot file a lien. However, nothing is stopping you from suing for breach of contract. Given that there does not appear to be any complaint regarding your work, it would seem that a suit would stand a good chance of success. You may also have Prompt Pay Act remedies available to you.
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Mar 19, 2020
I agree with Joseph. If you completed work three months ago and you never did a 20 day, it sounds like your lien rights are non-existent at this point.
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Sep 8, 2021
I did work for a contractor on three different HOA properties. His bills are coming past due at 90 days. He will not answer texts or emails demanding payment. The jobs were time and material for my portion. He was to complete the rest. Don't know if he did. Can I file a lien against the HOA property?
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