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Who do you lien when its a HOA project?

We work with HOA's and we need to know whom to send the Preleins to ?

3 replies

Oct 2, 2018

This can be very confusing, as the requirements for notices and liens with respect to HOA or condominium association projects can be more of a mess than anybody would really like. Luckily, however, some states provide better and more specific guidance with respect to some of these issue, and California is one.

California Civil Code Section § 8119 provides very clear and direct information related to preliminary notices on HOA projects. This section states that:

"(a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association." So, to the extent work is performed on the common areas / common interests of HOA property, any delivery that is supposed to go to an "owner" (preliminary notice, copy of the claim, etc.) may be delivered to the association.

To the extent that work is done on separate, individual, property (or properties) any document required to be delivered to the owner should be delivered to the individual owner(s).

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Sep 29, 2021

Is the balcony considered common area? The HOA is paying for it.

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Sep 30, 2021

If the balcony is tied to a single, specific unit and is not used commonly among all tenants, then it's likely not considered a common area.

If multiple units benefit from the use of this balcony - then it may well be a common area.

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