It has been recommended by our legal counsel that when working on common area of a condominium project where there is not a separate parcel number for the common area, but instead shows a percentage of interest in common area in the legal description of the property, each owner should be notified. If there is, however, a separate parcel number for the common area, and again, you’re only working on common area, it’s sufficient to only send your notice to the condo owners association &/or condo owners association & management company. Our legal counsel does still recommend that you consult your own legal counsel and get their input, because ultimately, they will be the ones arguing your lien, should it go to court.
If you do choose to send to each unit owner, it will incur an additional $8 per additional ownerbeyond the initial 2 that are always included in the cost for a notice. When it comes time to lien, it would be $10 per additional owner beyond the initial 2 that are always included in the cost for a lien.
Keep in mind – If you’re working directly for the owners association, you’re exempt from the notice requirement under 60.04.031, because the owners association is considered the common law and contractual agent of the owners for purposes of maintaining the common areas. Also, if you’re a landscaper, or only providing labor, you’re also exempt under this statute as well.