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Is this residential or commercial for my NTO?

Hello, we were hired by the Management Team to replace gutters at a community on all of their buildings(exterior of all buildings). This is an older community that just needed some upgrades done to their buildings. I'm new to Levelset and just learning my legal steps to cover me. I'm 42-43 days in from start day at this job site and need to send my NTO asap, however I'm not sure if this is considered a Commercial or Residential Work. Based on my personal reseach, it looks like the management company is also the one listed on the property mailing address. I would appreciate any direction. Thank You

1 reply

Apr 29, 2020

Florida Notices to Owner are required on all private projects - regardless of whether they're considered residential or commercial. Plus, Florida mechanics lien claims are available on both residential and commercial projects. So, practically, it might not matter all that much whether a Florida project is considered residential or commercial. Still - let's dive into the details. Before doing that, this resource might be useful to you: Condominium Liens: Projects on Apartments and Condominiums – Commercial or Residential?

Are Florida condominiums residential or commercial?

With that being said, common areas on a Florida condominium project will generally be considered commercial projects since the area being worked on, itself, isn't living space. And, individual condominium units are typically considered residential. Plus, note that the condominium association on Florida condominium projects is generally considered the "owner" when work is being done to common areas. And, if that's the case, then an NTO might not technically be required. Regardless, it's a good idea to send one anyway to ensure that rights are protected and to help avoid payment issues in the first place.

Apartments are generally considered commercial in Florida

If the units are not individually owned as condominiums and if it's one owner who owns all of the community buildings - then the project would liken more to an apartment project, meaning it'd generally be considered "commercial."

Additional resources

For more NTO discussion, here are some great resources from Levelset: - Florida NTO Guide & FAQs - Florida’s Notice to Owner – How To Prepare & Send Your NTO

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