Phoenix, AZ asked in Real Estate Law for Arizona

Q: We have a HOA we service back in September and they are finding every excuse to not pay us can we file a mechanics lien?

I would like to know if the mechanics lien will be the right step to get paid for a job we have done(note: it was a 5ft firebreak clear of weeds, shrubs, tree)? Can someone please advise

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1 Lawyer Answer
James L. Arrasmith
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A: In Arizona, filing a mechanic's lien can be an effective way to secure payment for services rendered, especially in cases where your client, such as an HOA, is not fulfilling their payment obligations. However, it's important to understand the specific legal requirements and procedures involved in filing a mechanic's lien.

Before proceeding with a lien, ensure that you have complied with all the necessary prerequisites, such as providing a preliminary 20-day notice. This notice is crucial in many cases for preserving your right to file a lien.

Once you've determined that you meet the requirements, you can proceed with filing the lien. This must be done within 120 days of completing your work. The lien should be filed with the county recorder's office in the county where the property is located.

Remember, a mechanic's lien is a powerful legal tool. It essentially makes the property itself responsible for your unpaid fees. If the lien is not addressed, it can lead to foreclosure proceedings against the property.

However, it's also important to communicate with the HOA and attempt to resolve the payment issue without legal action. Often, a formal notice of your intent to file a lien can prompt a resolution.

If the situation doesn't resolve and you decide to proceed with the lien, consider consulting an attorney to ensure that all legal procedures are correctly followed. This will help in enforcing your rights while minimizing potential legal complications.

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