How can I dispute a mechanics Lien.?

2 weeks ago

I own and rent a condo. The HOA has hired a property manager. One of first and has been there less than a year. She is putting fines on my renters. Some are ridiculous. The total is a 180$ . She is going to put a mechanics lean on my property. Has stated so in writing. Can she do this, Can I dispute the fines or part of them.

Senior Legal Associate Levelset

First, it’s worth distinguishing between HOA liens and mechanics liens. Generally speaking, mechanics liens are available for those who have performed work which permanently improved property but have gone unpaid for that work. HOA liens have a similar result as a mechanics lien – both place a lien on the property title – but they operate quite a bit differently.

So, while a property manager or homeowner’s association may ultimately have the power to fine and potentially lien a property, unless they have performed wok which improved the property, they generally won’t be entitled to file a mechanics lien against an owner’s property. They’d need to pursue an HOA lien.

In either event – if an owner can show the would-be lien claimant that their lien would be improper and back that up with sound reasoning, they may be able to get a claimant to stand down and keep them from proceeding with the claim. More aggressive options may make sense, too – like sending a letter via attorney demanding that the claimant refrain from filing their lien, or else damages would be sought.

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