KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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do you need monitoring license in NY / liens in Florida
June 5, 2017
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do you need monitoring license in NY
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Ken,
    We are located in Missouri but have a contact who would like us to ship the security equipment to them in New York, they will install and we would monitor the system for them. We use CMS for monitoring. This would be a residential system and we use your Residential All in One
    Is there anything we would need to do (licensing, etc) in order to monitor this location as we do not currently do business in New York?
Thank you! 
Respectfully,
Megan
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Response
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    This answer changes depending on the state.  Here in New York you don't need a license to monitor alarm systems.  

    You do need to be careful filling out the Residential All in One.  You should make it clear that the equipment is owned and installed by the subscriber; you are only providing monitoring.
    In other states the answer would be different.  If the alarm license includes monitoring service then you would need an alarm license to enter into the monitoring contract.  That would be the case if you contract for the monitoring service, even if you subcontract it out to a wholesale monitoring company, even if that monitoring company has its own alarm license, which it should have.
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liens in Florida
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Ken,
    I am in Florida. I have been contracting small jobs directly with owners. Recently I have gotten involved with a few builders at the request of an associate. Two of the builders were problematic, the other that I took on originally is a jem. My question falls in the spec home arena. The one of the two builders that are trouble seemed to be trustworthy and unfortunately I have not done a notice to owner on a big project but they continue to ask for new spec home bids. The big project has been finished and billed over ninety days ago and there is no payment in sight. Last month they advanced payment of another smaller new spec home and it is awaiting the trim out now, I believe notice to owner in Florida is 45 days so the big project can not be sent but I think I can on the smaller one i still can. Is there a loop hole for the same owner involved with multiply projects for resale that allows the subs to apply a lien that has not been sent a Notice to Owner for a specific lot?
    Thank you in advance for your responce.
Lou 
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Response
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    You are referring to a mechanic lien.  Mechanic lien law is different in different states, though most likely very similar.  I am not familiar with Florida Lien Law.  But I do know that mechanic lien laws are for those improving real property,  Alarm systems are typically personal property, not a fixture and not an improvement to real property.  You would not be able to file a Notice of Mechanic Lien and if you do you subject yourself to a substantial penalty for improperly filing the lien.  
    If you used the Standard Form Agreement All in One you could file a UCC-1 to secure the debt.
A mechanic lien is costly to file and even more costly to foreclose.  Enforcing the UCC is much easier, though is not secured by the real estate.  If you don't have the Standard Form Agreement, one of the All in One Agreements, then you got ungots.  Try filing that.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com
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