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I am filing a mechanics lien against a condominium property, I am a contractor. Do I encumber the HOA?

IllinoisMechanics Lien

I understand how to file a lien against the property/homeowner/ client. When filing a lien against a multifamily condominium property with a Homeowners Association, do I need to file the lien including the HOA as an "et al" entity, or separately? Or shall I simply provide the notice of lien to both the delinquent owner and the HOA?

1 reply

Dec 16, 2019

Mechanics liens on condominium improvements can cause confusion - just like in the situation you described above. Generally, when hired to improve a specific condominium unit, the right to lien will arise against that unit, specifically, rather than against the HOA as a whole. If hired to perform work on common areas - the HOA may well be the party responsible for payment and ultimately responsible for the lien claim, though. And, if work was done (and unpaid for) in multiple units or in some combination of individual units and common areas, then multiple mechanics lien claims against separate owners could be required. With all of the above being said, though, sending Notice of Intent to Lien and sending copies of the filed lien (if one becomes necessary) to both individual owners and the HOA could be valuable, even if the HOA isn't a required party. They may be able to help put additional pressure on an owner to pay what's owed.

Additional resources on mechanics liens and condominiums

I hope that was helpful! Here are some additional resources that should also provide some valuable context here: - Mechanics Liens: Liens on Condominiums – An Overview - Illinois Mechanics Lien Guide and FAQs

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