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AnnS12 (Wisconsin)
Posts: 67
Posted:
Has anyone had an issue with a mechanic's lien. we had some sidewalks replaced this year and one of those unit owners applied for a a mortgage refinance. He has now received a notice by the supplier of the concrete of intent to file a a mechanics lien. We have contacted the vendor who did the repairs and the are supposedly looking into it.
Does anyone get lien wavers from their vendors. We didn't even know where they purchased the concrete from. We have explained to the concrete supplier that the unit owner does not own the sidewalks, the association does, so he's agreed to drop the waiver from the unit owner, but may go after us now.

It's not a huge amount, but we are a small community and every dollar counts.
BillH10 (Texas)
Posts: 1,217
Posted:
Has the concrete vendor been paid?

If not, you should inquire of the contractor why not and stimulate him or her to write a check.

If the Association was responsible for payment, write the check.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Ann

Who hired/paid the contractor?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Mechanic Liens are filed by Vendors when they don't get paid. Not sure what the "waiver" pertains to. You can't just waive a lien until it's paid. So was there an intent to file or one actually filed?

Former HOA President
SueW6 (Michigan)
Posts: 814
Posted:
Sounds like there was one company who brought in the concrete and another vendor who actually spread the concrete and formed the sidewalk. So the vendor owes the concrete company money. The HOA may be caught in the middle of this dispute.

Has the vendor been paid? Why didn’t the vendor pay his subcontractor (the guy who brought in the concrete?)

The HOA should not allow the vendor to wreck its credit. Get after that Vendor guy right away
JohnC77 (California)
Posts: 562
Posted:
Actually, placing mechanics liens on property is a very common occurrence. It is placed when work is to begin and removed once the bill is paid. In case you didn't know it, county taxes work the exactly same way, When taxes become due, all across this country every single property has a lien filed with the county of parish when they become due and the lien is taken off once it is paid. Been happening for many, many, many years. Look it up.

BTW, it doesn't affect the HOA credit. It is placed on a property or properties within the HOA itself.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MelissaP1 on 10/29/2020 3:33 PM
Mechanic Liens are filed by Vendors when they don't get paid. Not sure what the "waiver" pertains to. You can't just waive a lien until it's paid. So was there an intent to file or one actually filed?

If the HOA is supposed to pay the vendor for work that may or may not be on or at a homesite, the HOA being the one that hired the vendor can ask the vendor to sign a lien waver so it takes the individual property owner off the hook. For example, if the HOA is responsible for front of home landscaping, the HOA will likely ask the vendor to sign a lien waiver so the homeowner isn't dinged if there is a payment snafu.
SueW6 (Michigan)
Posts: 814
Posted:
It’s not clear if this is a first or second party lien.

Ann, will you please clarify.?

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