MA Supreme Judicial Court lets condo board establish multiple liens
When the defendant owners of a condominium unit withheld payment of their monthly common expenses because of a parking dispute, the plaintiff organization of unit owners could establish multiple contemporaneous priority liens — each superior to the first mortgage on the unit — by filing successive legal actions to collect the unpaid common expense assessments. If you have a subscription to Massachusetts Lawyer Weekly
From MEEB: The Massachusetts Supreme Judicial Court in a decision released today held that the Massachusetts Condominium Act, M.G.L. c.183A, §6, permits a condominium association to establish multiple contemporaneous priority liens by filing successive legal actions to collect unpaid monthly common expense assessments. The case is Drummer Boy Association, Inc. v. Carolyn P. Britton.
The decision reverses prior decisions of the Appellate Division of the District Court and the Massachusetts Appeals Court and settles a longstanding battle between condominium associations and certain lenders, who claimed that condominiums were limited to a single six-month priority over a first mortgage. The case presents a major victory for Massachusetts condominium associations and will ensure future economic and financial stability for one of the last bastions of affordable housing in Massachusetts.
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