Drummer Boy Homes Ass’n v. Britton
Annotate this CaseThe Drummer Boy Homes Association, Inc. filed suit against Carolyn and Randy Britton, who owned a unit in the Drummer Boy Condomininum II, seeking to recover unpaid common expenses and to enforce a priority lien. When the Brittons continued to withhold payment of their monthly common expenses, the Association commenced a second, and then a third action, to recover the unpaid common expenses that had accrued since the filing of its first action. The actions were subsequently consolidated. The trial judge entered judgment in favor of the Association, concluding (1) the Association was the proper entity to seek recovery of unpaid common expenses; and (2) the Association’s lien priority over the first mortgagee for common expenses was limited to the one six-month period preceding the commencement of the first of the consolidated actions. Both parties appealed. The Appellate Division affirmed the judgment in all respects. The Supreme Judicial Court reversed in part, holding (1) the Association had standing to bring the present action; and (2) the Association may file successive legal actions against the Brittons under Mass. Gen. Laws ch. 183A, 6 to establish and enforce multiple contemporaneous liens on their condominium unit for the recoupment of successive periods of unpaid common expenses.
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