The Law and Your Business

The Law and Your Business- Discharge Claim of Lien per Ch. 713.21(4), F.S.
Tony Zebouni, Lindell & Zebouni, P.A.
The Steins own a condo in the Privateer North community in Longboat Key. Reynolds recorded a
mechanic’s lien based on work it performed on all units in the community pursuant to a contract with Privateer North (Association) listing all unit owners; the lien did not state whether the subject work was performed on common elements of the community.”
The Steins commenced an action against Reynolds seeking to discharge the lien as fraudulent or
exaggerated and requesting a declaratory judgment that the lien was invalid Pursuant to section 713.21(4), the clerk of the circuit court on June 2, 2025, issued a Summons and Notice to Show Cause to Reynolds. Reynolds filed its Response to Plaintiffs’ Order to Show Cause stating, in pertinent part: “Reynolds has not initiated foreclosure proceedings and has attempted to resolve the dispute with the Association”.
When a property owner invokes [section 713.21], a lienor must strictly comply with the statute in order to preserve its lien.” Also, Liens on condominiums are controlled by section 718.121, Florida Statutes. Paraphrasing, subsection (1) provides that, after the declaration of condominium is recorded, no liens are valid against condominium property as a whole unless the unit owners unanimously consented thereto. Subsection (2) prohibits liens for work on individual units unless the unit owner expressly consented to or requested the work. However, it further provides that work performed on the common elements cannot give rise to a lien, but if authorized by the condominium association a lien may be claimed against all of the condominium parcels in the proportion for which each unit is liable for common expenses. The condominium association authorization is deemed to furnish the express consent of each unit owner.
Once recorded, “section 718.121(3) confirms that if a valid lien encumbers multiple condominium
parcels, each owner of an encumbered parcel may exercise the rights of a property owner under Chapter 713 . . . “Finally, subsection (3) enables the individual unit owners to remove or discharge a lien covering more than one unit by exercising any of the rights provided an owner by Chapter 713, Florida Statutes, or by paying his proportionate share of the claim.”.
The filing of a complaint initiates the clerk’s issuance of the summons to the lienor “to show cause . . .why [the] lien should not be enforced by action or vacated and canceled of record.”  A showing of cause is not easily met: “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”.
Here, Reynolds had two options pursuant to the clerk’s summons: (1) show cause why its lien should not be enforced by action or vacated and canceled of record or (2) commence an action on the lien. Reynolds concedes that it did not commence an action on the lien. claims Section 713.21(4) mandates where no good cause is shown as to “why the lien should not be enforced or” where the lienor fails “to commence such action before the return date of the summons the court shall
order cancellation of the lien.”
It is important to strictly comply with all statutory requirements in responding to a Rule to Show Cause or Contest of Claim.
KENNETH R. STEIN and JILL PATRICIA STEIN, Petitioners, v. REYNOLDS VENTURES, INC., d/b/a
WRIGHTWAY EMERGENCY WATER REMOVAL,