Rubin for Real Estate Bar Association for Massachusetts, Inc. Chenelle for Community Associations Institute. Lipkind & Elizabeth Brady Murillo for Avidia Bank & others. 2 The following submitted briefs for amici curiae: Alan E. Campbell with him), for Federal Housing Finance Agency & others, amici curiae. Johnson, of the District of Columbia (Rhiannon A. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Kilmartin, J., on a motion for summary judgment, and a motion to alter and amend the judgment was also heard by him. After consolidation, the case was heard by Peter J. Civil actions commenced in the Concord Division of the District Court Department on AugFebruand October 6, 2008. Practice, Civil, Standing, Attorney's fees. Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750 (617) 5571030 SJC-11969 DRUMMER BOY HOMES ASSOCIATION, INC. NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.
183A, 6 to establish and enforce multiple contemporaneous liens on their condominium unit for the recoupment of successive periods of unpaid common expenses. 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.
The Appellate Division affirmed the judgment in all respects.
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. The actions were subsequently consolidated. 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. 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.
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