How do I send an NTO when the project stretches across multiple parcels of land?

3 weeks ago

We are a painting company in FL. A lot of the time time we are working on existing perimeter walls (around neighborhoods, etc). With this being the case, I have no NOC and no official address as it is just a wall. I looked it up on property appraiser and it looks like the wall stretches across multiple parcels. The work is being done for a home owners association. Please advise on how to NTO on a perimeter wall that doesn’t have a specific address.

Senior Legal Associate Levelset
96 reviews

Often, when there are community improvements (like a wall) at a neighborhood where the properties are owned by separate owners, then that community improvement may be owned in common among all owners/the HOA. So, if the community improvement has its own parcel, then it should be relatively easy to find the record owner and send them a Notice to Owner (“NTO”) to preserve lien rights.

Now, where an improvement spans multiple, separately owned properties in the same neighborhood – that makes things a bit tougher. Generally, one mechanics lien would not be able to be filed to cover multiple, separately owned properties. Instead, multiple liens would be required – and, naturally, that also means multiple NTOs would be required. After all, a Notice to Owner is given in order to put the property owner on notice of a potential claim. To serve the purpose of the Notice to Owner requirement, each owner should be notified.

So, when a single project spans multiple parcels that are owned by different owners, it seems as though multiple Notices to Owner would be necessary to preserve lien rights against each property on which work was performed.

In addition to the above, I think these resources should be valuable:

– Florida Notice to Owner — Do You Have to Send More Than One?
– Florida NTO Guide & FAQs

Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now