Tag Archives: mechanic

“Round Peg in a Square Hole” – Mechanic’s Liens Don’t Fit Condominiums

The ability to file a mechanic’s lien gives contractors a powerful weapon in their battles to collect money owed them for construction work they have done. But the Massachusetts Condominium Statute, Chapter 183A, prohibits the application of these liens to common areas.

Section 13 of the statute, governing claims against community associations, specifies that any claims involving the common areas “shall be made only against common funds or property held by the organization of unit owner and not against the common areas and facilities themselves….”

Although that language is about as clear as any you are likely to find in statutes or regulations, contractors still periodically file mechanic’s liens related to work on common areas – possibly because they aren’t aware that they can’t use this collection tool with condominiums; but more likely because they know that filing the lien – appropriate or not – will give them leverage in negotiations with an association’s governing board.

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