Reviewed September 7, 2026.
A recorded condominium declaration changes the lien analysis, but it does not mean that contractors can never file liens after conversion or after a unit has been sold.
Individual units and common elements differ
Real Property Law § 339-l provides that, after the declaration is recorded, liens generally arise against individual units and their respective common interests. A lien against common elements requires unanimous unit-owner consent. Work on a unit generally cannot support a lien against a unit owner who did not expressly consent or request it, subject to the emergency-repair exception.
A unit’s sale is not, by itself, a universal prohibition on a later lien. Review who requested the work, ownership and recording dates, the declaration, the work location, purchaser protections and the applicable Lien Law requirements. Do not file a blanket lien against the entire condominium based only on an unpaid invoice.
Common-charge trust protection
Section 339-l also makes common charges received and receivable by the board, and the right to receive them, trust funds for the specified costs of common-element work requested or consented to by the manager, managing agent or board. That may provide a remedy even where a lien against the common elements is unavailable. It does not make every condominium charge a trust asset for every contractor regardless of authorization or work performed.
Obtain the contract, approvals, declaration, unit identification and payment records early. Condominium and cooperative ownership structures differ and should not be treated as interchangeable. Related claims may involve construction trust funds or a direct contract.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien filing and defense. Contact 631-752-7100 or vtp@kushnicklaw.com.
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Hi Vincent - A great post on a troubling aspect of NY's lien laws. I've read through the lien law's § 9 and some case notes about folks who have attempted to file mechanic liens against condominiums, and it makes me wonder what would happen in this scenario:
ReplyDelete1) Condo is not new, it's a living breathing complex, and units are already sold to current owners;
2) Contractor is contracted by the association to do some renovation work, which includes work that runs throughout the common areas, but also penetrates into individual units, and doesn't get paid.
Now, can the contractor file a lien against the individual units for the portion of the work that penetrates into their individual units, if it appropriately described each and every unit?
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On another note, what is "consent of all the unit owners," anyway. Is that consent to the work before it was done? Consent to the lien actually being filed? Does this require written consent, or just loose oral consent....?
Couldn't find much case law on this, and this complex condo requirement is a bit fascinating.