For restoration companies in Florida - when a commercial or property management team is our client, does the Notice to owner need to be sent to the Registered Agent? If it's not, would it still hold up in court later on?
1 reply
Feb 20, 2020
In Florida, the Notice to Owner requirements are set forth by § 713.06. Generally, all parties other than wage laborers who do not contract directly with the property owner are required to provide a Notice to Owner in order to retain lien rights. Note that Florida defines an "owner" as "a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. The term includes a condominium association pursuant to chapter 718 as to improvements made to association property or common elements. " so, in some cases this may not be the "fee simple" or "full" owner. There is no specific mention of a property management company as an "owner."
A Florida Notice to Owner must be served on the owner, and, if the claimant is a sub-sub or supplier to a sub, the Notice must also be served on the GC. Further, if the owner named an owner designee in the Notice of Commencement, the potential lien claimant is also supposed to provide a copy to the party designated by the owner. Note, however, that Florida statues specifically state that: "[t]he failure by the lienor to serve such copy [on the owner designee], however, does not invalidate an otherwise valid lien."