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Should I file lien against each homeowner or the condo association

New JerseyMechanics Lien

I did work on a condominium, including 27 individual units. I should receive payment from the association but have not. Should I file a lien on each individual unit of the condo association as a whole?

1 reply

Jul 12, 2021

New Jersey has specific rules regarding mechanics liens, condominiums, and community associations. When a contractor is performing work pursuant to an agreement with the community association, rather than directly with an owner or owners, the lien is against the association, itself - pursuant to § 2A: 44A-3(c)(2) of the New Jersey mechanics lien statutes.

To the extent that there's a direct contract with any individual owner(s), the lien claim would attach directly to the individual unit(s).

For further discussion on New Jersey lien laws: New Jersey Mechanics Lien Guide and FAQs.

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