Drummer Boy Homes Association vs. Carolyn and Randy Britton (Massachusetts)

Carolyn and Randy Britton (the Brittons), unit owners in the Drummer Boy Green Condominium II, withheld payment of monthly condo fees due and owing to protest fines that Drummer Boy Condominium Association, Inc (Association) had previously assessed. The Britons, as of this date, have withheld payment of approximately five years worth of monthly condo fees.

On July 31, 2007, the Association instituted a collection action against the Brittons to establish and enforce a six-month priority lien for common expenses due and owing. On January 28, 2008, the Association instituted a second collection action to establish and enforce a six-month priority lien for those common expenses due and owing in the six-month period subsequent to the filing of the first collection action. On September 30, 2008, the Association instituted a third collection action to establish and enforce a six-month priority lien for those common expenses due and owing in the six-month period subsequent to the filing of the second action. The Trial Court consolidated these three actions for determination. As the delinquency continued, the Association filed successive complaints in order to establish successive priority liens for the Britton's continued non-payment of monthly condominium common expenses. Those actions hadn't been stayed yet.

The Trial Court entered Judgement for the Association finding common expenses due and owing, and establishing that the Association has a lien for the entire amount of the delinquency, but that only a single, six-month period of that delinquency immediately preceding the filing of the first action has priority over the first mortgage holder. The Trial Court declined to award the Association attorney's fees incurred in connection with the filing of the second and third collection actions. The Appellate parties have now appealed the Appellate Division's Decision and Order to the Massachusetts Appeals Court.

Brief: CAI's Amicus Brief
Prior Ruling: Appellate Court Decision
Status: Pending
CAI Amicus Brief Author: PERKINS & ANCTIL, P.C. 
CAI Amicus Brief Review Committee: Patrick Costello, Esq: Robert Diamond, Esq; Brendan Hunter, Esq; Richard Kennedy, Esq; Russell Robbins, Esq.

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Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

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