Connecticut Supreme Court Clarifies Condition Precedent for HOA Foreclosure Actions

On April 26, 2016 the Connecticut Supreme Court issued a decision in The Neighborhood Association, Inc. v. Jill M Limberger, et al, 321 Conn. 29, which held that pursuant to Conn. Gen. Stat. §47-258(m)(1)(C), prior to any foreclosure action of an homeowners’ association (HOA) commenced on or after July 1, 2010, the HOA must have either (1) had a vote to authorize the individual foreclosure; or (2) had a collection policy adopted as a rule, with notice to unit owners and a minimum ten day comment period as required under the Conn. Gen. Stat. §47-261(b). If neither one of these two criteria are met, the HOA lacks subject matter jurisdiction in its foreclosure action.    Read the article…………….


Related Articles

Attempt to change Poinciana HOA regulations stalls in Legislature (FL)

Legislation aimed at addressing gaps in state law that have resulted in political and financial disputes in Poinciana and other

Counsel’s Corner: Ruling Puts Lenders on the Hook for Unpaid Assessments (IL)

The Illinois Supreme Court created potentially hazardous territory for lenders who take title to condominium property via foreclosure lawsuits. In

Pair of developers facing third lawsuit — but similar allegations (NY)

The developers of the L Lofts condominium in Brooklyn are facing an $8 million lawsuit for allegedly failing to correct