A Mechanic's Lien for Mowing, Trimming, Edging, and Street Cleaning?

Posted by Ryan McCabe at 2/11/2009 8:43 PM
Categories: Condominium Association,liens,Common-Interest Community Association,Homeowners Association

            The Kentucky Court of Appeals reversed a lower court's order granting a mechanic's lien on the Association's common property. Steeplechase Subdivision Homeowners Association, Inc. v. Thomas, No. 2006-CA-002146-MR (Ky. Ct. App. 2008). Thomas, the appellee, filed a mechanic’s lien on common property of a subdivision because of unpaid invoices for mowing, trimming, edging, and street cleaning. The deputy master commissioner entered judgment against the subdivision in the amount of the lien. The subdivision appealed claiming that a lien was not permitted for Thomas’s services because the services did not permanently improve the value of the property. The court of appeals agreed with the subdivision’s argument and read the Kentucky statute to require a permanent benefit onto a property for a lien to be allowed. Thomas’s services did not permanently enhance the value of the subdivision property. Therefore, the court reversed and remanded the judgment.

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