- In a condominium, individual units and common elements are legally separate interests.
- When work is done for an individual unit owner, inside their own suite, at their own request, a resulting lien for non-payment is generally directed at that owner's individual unit.
- Work ordered by the condominium corporation itself — repairs to the roof, common hallways, shared mechanical systems, the parking garage — involves the corporation's interest in the…
Construction lien rules get an extra layer of complexity when the property involved is a condominium. Unlike a typical house, a condominium has two distinct kinds of ownership on the same site: individual units, owned by their unit owners, and common elements, owned collectively by all owners through the condominium corporation. Where unpaid work was actually done — inside one unit, or on the shared building and grounds — changes how a construction lien needs to be registered and against whom.
This article explains the practical difference between liening a unit and liening common elements, and why getting this distinction right matters for contractors, unit owners, and condo corporations alike.
Two Different Kinds of Ownership, Two Different Targets
In a condominium, individual units and common elements are legally separate interests. A contractor who did renovation work inside a specific unit — a kitchen remodel, a bathroom upgrade — is generally dealing with the unit owner's interest in that unit. A contractor who worked on the building's structure, roof, lobby, elevators, or grounds is generally dealing with the corporation's interest in the common elements.
Because a lien attaches to the interest of the party who ordered, or is deemed to have ordered, the work, getting this distinction right affects who the claim is actually made against, and whose property is potentially tied up by it.
Liens for Work Done on a Single Unit
When work is done for an individual unit owner, inside their own suite, at their own request, a resulting lien for non-payment is generally directed at that owner's individual unit. This keeps the dispute contained: other owners in the building, and the corporation's shared property, generally aren't caught up in one owner's unpaid renovation bill.
For a buyer purchasing a resale condo unit, this means a title search on that specific unit is the relevant place to look for lien exposure tied to prior renovation work, not the building as a whole.
Liens for Work Done on Common Elements
Work ordered by the condominium corporation itself — repairs to the roof, common hallways, shared mechanical systems, the parking garage — involves the corporation's interest in the common elements, not any single owner's unit. A lien arising from that kind of unpaid work generally attaches to the common elements, which in practice affects the building and, indirectly, every owner who shares in them.
This is one reason condo corporations take construction contracts and payment obligations seriously: unpaid common-element work can create lien exposure that touches the whole building, not just the board or the property manager who signed the contract.
Why the Distinction Matters in Practice
| Situation | Who's typically affected |
|---|---|
| Unpaid work inside one unit | That unit owner's individual interest |
| Unpaid work on shared building systems or grounds | The condominium corporation's interest in the common elements |
| A contractor unsure which category their work falls into | Should get legal advice before assuming which target, and which deadline, applies |
Getting the target wrong when registering a lien can undermine the claim, since a lien is only effective against the interest it's actually registered against. A contractor whose work spanned both a unit and common areas, such as a renovation touching shared plumbing, may need to consider both.
Checklist: Before You Register a Lien on a Condo Property
- [ ] Confirm exactly who ordered and is responsible for paying for the work — the unit owner, or the condominium corporation
- [ ] Identify whether the physical work was done inside a specific unit, on common elements, or both
- [ ] Confirm the applicable preservation and perfection deadlines under the Construction Act for your situation
- [ ] Get legal advice before registering if there's any doubt about the correct target
Frequently asked questions
If I'm buying a resale condo unit, should I worry about liens on the whole building?
It's worth checking both. A lien tied to unpaid work inside the specific unit you're buying is the more direct concern, but a lien against the common elements from unpaid corporation-level work could also affect the building generally. Your real estate lawyer can check title for both during a purchase.
Can a unit owner's unpaid renovation lien affect other owners in the building?
Generally no. A lien for work done on an individual unit, at that owner's request, is typically directed at that owner's own interest, not the building as a whole or other owners' units.
What if the condo corporation itself doesn't pay a contractor for building repairs?
That can result in a lien against the corporation's interest in the common elements, which affects the building collectively. Condo corporations facing this situation should get legal advice quickly, since it can complicate refinancing, special assessments, or a broader sale process.
Do the same 60-day and 90-day lien deadlines apply to condo work?
Generally yes. The standard Construction Act timelines for preserving and then perfecting a lien apply regardless of whether the property is a condominium, though the specific trigger dates depend on the facts of the project. As of mid-2026, verify the current deadlines before relying on a specific date.
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