Florida Construction Liens: Construction Liens On Condominium Properties

Under Florida law, no lien of any kind can be recorded against a condominium property as a whole without the unanimous consent of the unit owners. Of course, in order to earn this protection, the condominium property must have recorded a valid declaration of condominium. Once a declaration is recorded, construction liens may arise or be created against individual unit owners absent consent from every unit owner. Fla. Stat. § 718.001 et seq.

Florida’s Condominium Act specifically states that labor on or materials furnished to a unit shall not be the basis for the filing of a construction lien against a unit or condominium parcel unless the unit owner specifically consented to or requested the labor or materials. However, labor performed on or materials provided to the common elements can be the subject of a construction lien if authorized by the condominium association. In this sense, association authorization is deemed to be equivalent to the express consent of each