{"id":906117,"date":"2026-09-15T15:32:13","date_gmt":"2026-09-15T21:32:13","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=906117"},"modified":"2026-09-15T15:32:18","modified_gmt":"2026-09-15T21:32:18","slug":"construction-lien-unit-owners-defeat-association","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/construction-lien-unit-owners-defeat-association\/","title":{"rendered":"Lien on Me? Not So Fast: Unit Owners Defeat Association Contractor\u2019s Lien"},"content":{"rendered":"\n

Allison Nelson and Ryan Owen | Adams & Reese<\/a><\/p>\n\n\n\n

Earlier this month, Florida\u2019s Second District Court of Appeal recognized the rights of individual condominium unit owners to challenge mechanic\u2019s liens and stripped the lien of a contractor who failed to follow the strict procedural requirements governing lien enforcement.<\/p>\n\n\n\n

Background<\/u><\/strong><\/p>\n\n\n\n

The Steins own a condominium unit in the Privateer North Condominium Association, Inc. on Longboat Key, Florida. Their condominium association contracted with a restoration contractor, Reynolds Ventures, to perform work on the common elements. Following a payment dispute with the association, Reynolds Ventures recorded a lien against all units in the condominium. Under \u00a7 718.121 of Florida\u2019s Condominium Act, the units, not the common elements, serve as collateral for payment to an association\u2019s contractor.<\/p>\n\n\n\n

The Steins, pro se<\/em>, filed suit to discharge the lien against their unit under \u00a7 713.21 of the Construction Lien Law. This required Reynolds Ventures to either file a lien foreclosure or show cause why the lien should not be canceled within 20 days. <\/p>\n\n\n\n

Reynolds Ventures did not foreclose. Claiming its desire to avoid disrupting ongoing negotiations with the association constituted good cause, it sought additional time to foreclose as it attempted to resolve the payment dispute. Finding that Reynolds Ventures established good cause \u201cbased upon the existence of a contract, services performed thereto and the lack of payment therefor,\u201d the trial court refused to discharge the lien. The appellate court reversed and ordered the lien discharged. In so holding, the Second DCA made two key findings:<\/p>\n\n\n\n

Key Holdings<\/u><\/strong><\/p>\n\n\n\n

Unit Owner Standing<\/em><\/strong><\/p>\n\n\n\n

The Second DCA expressly found that the Steins, as unit owners, had standing to challenge the contractor\u2019s lien, even though their association contracted with Reynolds Ventures. Under section 718.121(2), when an association authorizes work on common elements, the contractor\u2019s lien is against all units in proportion to each unit\u2019s share of common expenses. Section 718.121(3) confirms that each unit owner may exercise the rights of a property owner under Chapter 713 and may remove the lien against their unit by paying the proportionate amount of the lien attributable to their unit. Extending that principal, the Second DCA found that the Steins had standing to seek discharge of the lien on their individual unit.<\/p>\n\n\n\n

The \u201cShow Cause\u201d Requirement<\/em><\/strong><\/p>\n\n\n\n

The Second DCA also emphasized that proceedings under section 713.21 are \u201cspecial statutory proceedings\u201d requiring strict compliance including rigid adherence to time limits.<\/p>\n\n\n\n

Reynolds Ventures argued that good cause existed because litigation would undermine its ongoing negotiations with the association. Alternatively, Reynolds Ventures requested an extension of time to commence foreclosure proceedings. Recognizing that the \u201cshowing of good cause is not easily met,\u201d the Second DCA rejected the argument that ongoing negotiations with the Association constituted good cause. Finding no legal basis for the court to extend the time to file a foreclosure action, the Second DCA ordered the lien canceled.<\/p>\n\n\n\n

Practical Implications<\/u><\/strong><\/p>\n\n\n\n

For Contractors:<\/em><\/strong><\/p>\n\n\n\n