We are a painting contractor in Texas that finished up a complete exterior repaint for 30 units within an HOA. We are having trouble getting paid by the HOA. What are our options for placing a lien in this scenario? Do we have to lien each individual home or is there a more direct approach for placing one lien?
Good question! Thank you for reaching out to our legal community. You may wish to consider consulting an attorney directly. Here are some attorneys from our directory in your area: https://www.levelset.com/payment-help/experts/construction-lawyer/texas/
Hope this helps!
Unfortunately, more information would be needed in order to
determine the exact course of action. Is this a condominium? Did you have
contracts with multiple unit owners or just the HOA? Is the project residential
or commercial? Are any of these homesteaded properties? Each of these questions
could drastically change the approach needed to ensure you have a valid and
enforceable lien. In fact, it is very possible that you may need a separate
lien against each of the 30 units for the amount of work done to each
particular unit.
Fortunately, filing a lien is the only recourse you have to
recover what is owed. Often times, simply sending a Notice
of Intent to Lien to both the HOA as well as the homeowners can put
pressure on them to pay their bill. If you exhaust all other avenues, filing a
lawsuit is always an option.
Moving forward, if you feel you need help from a lawyer,
please feel free to give us a call at Murphy Legal. We have very experienced
construction attorneys and handle cases all across Texas. Our phone number is
(979) 690-0800.