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Home>Levelset Community>Legal Help>When serving a condo, should the notices be presented to the owner of the condo or the condo association?

When serving a condo, should the notices be presented to the owner of the condo or the condo association?

FloridaPreliminary Notice

Removed and installed doors and windows into condos.

1 reply

Jul 25, 2019
That's an excellent question, and when performing work on condos, it can be hard to apply the regular notice rules. Before getting further along - when it's doable, it's often a good idea to send notice to both the owner of the condominium and the condominium association. There's generally no harm in sending extra notice, and that way, all the bases would be covered.

Florida actually does a pretty fair job accounting for condominium projects, however. For work that's done to common elements of the property (like general areas - the lobby, the community pool, etc.), a condominium association is considered the "owner" under § 713.01(23) of the Florida mechanics lien statute. However, for work that's done on individually owned condominiums, generally, the actual owner of that individual unit will be considered the "owner" for purposes of complying with the Florida mechanics lien laws.

So, because notice must be sent to the "owner" - who must receive notice will generally depend on the exact work being performed on a condominium. When work is being done on common areas, a notice sender will generally send notice to the condo association as the "owner". When work is done on an individual unit, notice should be sent to the owner of the unit. Though, as mentioned above, sending to both the condo association and the owner of the particular unit could help cover all bases, too.

For more information on Florida's preliminary notice rules, here are some great resources:
(1) Florida’s Notice to Owner – How To Prepare & Send Your NTO
(2) About Florida's Notice to Owner (NTO)
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