Condo Liens: A Recent Florida Case Highlights One of Many Pitfalls in Florida’s Construction Lien Law

For Florida contractors, a mechanic's lien is one of the strongest tools for getting paid. Florida lien law is also unforgiving, and it gets more complicated when the work is performed on a condominium's common elements. A recent Second District Court of Appeal decision, Stein v. Reynolds Ventures, Inc., 51 Fla. L. Weekly D1627 (Fla. 2d DCA Aug. 7, 2026), shows how a contractor can lose its lien after doing everything else right.

What Happened

Reynolds Ventures, Inc. contracted with the Privateer North condominium association in Longboat Key and performed work affecting all units in the community. When the dispute over payment went unresolved, Reynolds recorded a mechanic's lien that listed every unit owner, including Kenneth and Jill Stein.

The Steins did not wait to be sued. They used section 713.21(4), Florida Statutes, and the clerk issued a Summons and Notice to Show Cause. That summons required Reynolds, within 20 days, to show cause why its lien should not be enforced by action or vacated and cancelled of record.

Reynolds responded that it had not filed a foreclosure action because it was still trying to work things out with the association, and that filing suit would undermine those efforts. As an alternative, it asked for fourteen more days to file suit.

What the Court Decided

The Second DCA ordered the lien cancelled with respect to the Stein’s property. Several points in the opinion matter for contractors.

1. Individual unit owners can attack a common-element lien. Under section 718.121(2), a contract with the association serves as authorization to furnish the contracted for work with the express consent of each unit owner. In other words, each unit owner’s interest is subject to a lien for their pro rata share of amounts owed to the contractor. Once a contractor records a lien under section 718.121(3) against the units, each named owner becomes an interested party who can seek discharge of the lien on their own unit under chapter 713. Contracting with the association does not limit the contractor's exposure to the association alone.

2. This is not a derivative claim. The court rejected the argument that the Steins were improperly asserting the association's rights. They were exercising their own rights as property owners. Expect challenges from individual owners, not only from the board.

3. "Good cause" is very hard to show. The court said that, absent informing the court that a lienor has already taken steps to foreclose its lien, "rarely does a circumstance rise to the level of 'good cause.'" Ongoing settlement talks were not enough. The court also said Reynolds had conflated two separate claims: its contract claim against the association, and its lien foreclosure claim against the individual unit owners. Trying to resolve the first does not protect the second.

4. No extensions. Proceedings under section 713.21 are "special statutory proceedings" that require strict compliance, including strict observance of time limits. The trial court has no discretion to deviate from those limits, and nothing in the statute authorizes an extension. If the lienor neither shows good cause nor commences an enforcement action before the return date, the court shall cancel the lien.

Practical Takeaways for Contractors

• Treat a Notice to Show Cause as an emergency. You have 20 days. Calendar the deadline right away and call counsel.
• Be ready to file suit, even while negotiating. Filing a foreclosure action does not stop settlement talks. Failing to file can end your lien.
• Keep the contract claim and the lien claim separate. Your contract is with the association, but your lien runs against each unit. Plan a strategy for both.
• Expect individual owners to act. Any unit owner named in a common-element lien can force your hand on their own unit.
• Don't count on extra time. Courts cannot grant extensions under section 713.21(4).

Bottom Line

Stein is a reminder that Florida lien rights depend on strict compliance with the statute, and good-faith negotiation does not extend the statutory deadline. If you work on condominium common elements, plan your lien enforcement strategy before you record. If a Notice to Show Cause arrives, act quickly.