Legal Question in Real Estate Law in California
liens
i share a sewar line w/ 2 other condos. we had to have the main hydo-jet cleaned ($600). one unit would not contribute ($200).
can i file a mechanics lien for their share as a service was provided, or would i need to go thru small claims first?
1 Answer from Attorneys
Re: liens
Unless you actually provided skill, labor, materials or equipment to the project, as a materials supplier, licensed contractor, laborer working for a licensed contractor or other entity in the construction trade, you have no mechanics lien rights. You might want to look at Cal. Civil Code Sec. 3110 for the list of who qualifies.
As for your remedies, small claims might work - it sounds like your best theory would be that the neighbor who refused to contribute was unjustly enriched by your payment for the services.
Also, have you contacted your HOA? It will depend on the CC&Rs and bylaws, but this may have been a repair the HOA was required to perform.
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