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Next steps?

Washington

Good Morning, The management company requested repair and replacement to the outer wall of my condominium townhouse. The wall is shared by myself and a neighbor. I own the inside of the unit, not the outside of the building. The HOA Board approved the work. The HOA management company requested the work and the HOA Board approved the work. I recently received a certified letter notifying me of a possible lien against my home if the lumber that was used was not paid for by the contractor. I don’t own the outside, I didn’t authorize the work and I’m not responsible to pay for the outside of the building. Why am I being served notification? Shouldn’t the notification go to the homeowner association? Or the management company? What should my next steps be?

4 replies

Dec 7, 2020

I'm sorry to hear about the trouble you have experienced. There are multiple options you can explore if a lien is filed against your property that is invalid. Three of the most common options include: 

1. Immediately dispute the lien 

2. Force the claimant to file suit to enforce the lien in a shorter period 

3. Just wait it out 

To get started in the dispute process, getting in contact with a Washington construction attorney likely would be helpful to you. 

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Dec 7, 2020
I would provide a copy to the HOA and tell them to take care of it.
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Dec 8, 2020
The contractor is likely correct legally, and acting in its best interests/requirements legally to provide this preliminary notice to all owners. You SHOULD definitely bring this to the attention of your COA and Board, so that they can pay an attorney to watch out for the COA and Owners’ rights in regards to liens, and protection from liens. Not knowing ANY of these rules/laws is an invitation to an unexpected lien that could otherwise have been avoided.
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Dec 8, 2020
It sounds as if you maybe received a Pre-claim Notice which alters you of the possibility that if the supplier's bill is not paid, then they have a right to lien your property for that amount.  If the lumber company does not send this to you and their bill does not get paid, then they have lost their lien rights.  This Notice does not establish who owes what.  Read it carefully to make sure you have no immediate obligations.
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