In a recent unpublished opinion, MDK General Construction, LLC v. Aspen Grove Owners Association Case No. 85704-5-I Division One of the Court of Appeals, appealed the trial court’s grant of summary judgment in favor of Aspen Grove Owners Association (“the “Owners Association”) dismissing MDK’s materialmens’ lien against the Owners Association.

MDK was hired as a subcontractor for extensive renovations at the Aspen Grove Condominium, a 96 unit condominium. Specifically, MDK was hired to “perform construction services in the form of exterior siding and related work.” The party to the contract was the Owners Association, and that entity was named in a lien foreclosure action. The lien foreclosure action was instituted because the General Contractor failed to pay MDK for its subcontract work on the exterior.

The Owners Association asserted the defense that it was not the proper party because it was not an owner of any of the real property in question. The Court addressed the statutory provisions of both Chapter 64.34 RCW (the Condominium Act”) regarding the creation of a condominium and Chapter 60.04 RCW addressing materialmen’s liens. RCW 60.04.051 specifies the property subject to the lien as to “ the extent of the interest of the owner at whose instance, directly or through a common law or construction agent the labor, professional services, equipment, or materials were furnished.” (Emphasis added).