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My question is regarding whether or not it would be beneficial to file a lien on a project we were working on.

New York

We are a subcontractor working for a General Contractor on a fire damaged condominium building in Rockland County, NY. The building contains 16 individual condominiums. 12 are being rebuilt from scratch on the existing foundation and 4 of them are being renovated - All due to the fire. The General Contractor has a contract with the Condo Association. We are not getting paid by the GC and the GC is not getting paid by the Condo Association. We want to file a lien on the project. Do we need to file against all 16 unit owners or can we just file against the condo association since the GC only has a contract with them and not 16 individual contracts.

6 replies

Dec 30, 2020

you need to lien each unit, as each unit is a separate piece of real estate. you might want to get a title report on the building and the units. that will help you make the liens accurate. 

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Dec 30, 2020

All 16 units are contained in one single building. The building has one common entrance not 16 individual entrances. Do we still need to file 16 liens?

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Dec 30, 2020

Yes, 16 liens

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Jan 2, 2021

It sounds like you would want to file against all of the unit owners (or at least those units in which you performed work). I know that you're incurring up to 16 sets of fees, but it's the unit owners that form the association. Further, and as a practical matter, it would be easier to foreclose and sell the units in a foreclosure sale (if necessary). I doubt that there is much of a market for a condominium lobby, for instance, as opposed to actual apartments. 

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Jan 8, 2021

Typically, what happens when filing liens on multiple unit owners? Do the unit owners then approach the Association and force the Association to settle the liens somehow?

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Jan 8, 2021

That would be what should happen. You're liening the units because that is the real property that you improved. Your contract does not necessarily have to be with the unit owners, and these homeowners should pressure the association (of which it sounds like they are the majority) to resolve the claims. 

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