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Preliminary notice on multi-home residential project in California

CaliforniaPreliminary Notice

We would like to make sure our preliminary notice covers the entire project when we file a preliminary notice on 1 specific address. The address is 140 Woodlands Dr, Healdsburg, CA The project includes 25 different residential homes and we are not sure that the above address would cover all 25 homes with the preliminary notice filed on the 1 address.

3 replies

Jun 14, 2022
You may want to contact a title company to make sure you are sending the notice to the owner(s) of the entire project, among others. If you aren't being given the info., demand it under Civil Code section 8170, which says: "(a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner’s name, address, and place of business, if any. (2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code. (b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and construction lender, if any."
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Jun 14, 2022

Mr. Carlton provides a very good suggestion. When in doubt, be over-inclusive and add applicable street addresses, APNs, legal description, etc. One additional way to cross-check project information is to pull a copy of the grant deed or construction deed of trust for the applicable owner/project and, if applicable, incorporate the property and legal description contained therein as part of your property description in your preliminary notice. You may want to reach out to an experienced construction lawyer to verify you've got it right since it sounds like this is a significant project.

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Jun 14, 2022
I do not know the answer to your question, but the safe thing to do would be to list all 25 addresses in the preliminary notice or to serve 25 notices for each address with the expected dollar amounts allocated in some rational way among each of the units.

If you later need to record a mechanics lien, you may need to record a separate lien for each unit, allocating the amount owed in some rational way for each unit, as each unit in a condominium project is a separate parcel of property, even though they may have all been a part of a single property at some time in the recent past.

This can get a little tricky and you likely may need legal assistance to further research the right course of action.
 
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