Can a landscape company file a mechanics' lien against a homeowner's association for unpaid invoices on trash and snow removal? The landscape company has not done the work they claim, but won't negotiate a reduction in their invoices.
1 reply
May 10, 2021
Hello,
There is no Colorado case directly on point and to get legal advice the HOA would need to hire an attorney to review the contract and get more facts, but as to the right to file a lien merely for trash and snow removal would not fall under the scope of allowable liens.
This is entirely separate from filing a lien for work that was not done. Even if the party had a lien right there are very specific rules as to the proper lien amount.
The HOA needs to hire an attorney immediately and they can send a demand to remove the lien and sue if they do not. Depending on the facts the attorney fees and costs can be charged against the party who filed the lien.