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Meadow View Condo. Trust v. Donegan

COMMONWEALTH OF MASSACHUSETTS APPEALS COURT
Apr 20, 2012
11-P-430 (Mass. Apr. 20, 2012)

Opinion

11-P-430

04-20-2012

MEADOW VIEW CONDOMINIUM TRUST v. ELAINE T. DONEGAN & another.


NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

We review the grant of summary judgment de novo. See Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). It is undisputed that Elaine T. Donegan has not paid common expense assessments levied against her by the Meadow View Condominium Trust (Meadow View) by virtue of her ownership of a condominium unit. This action is governed by statute, see G. L. c. 183A, § 6(b), (c); G. L. c. 254, § 5, and the discretion of this court and the Superior Court judge is limited by those statutes. See Blood v. Edgar's, Inc., 36 Mass. App. Ct. 402 (1994). The applicable law requires that unit owners pay assessments when assessed and challenge the propriety of the assessment thereafter. A 'condominium unit owner may not challenge the legality of a common expense assessment by refusing to pay it.' Id. at 410. If the assessment is not paid, a statutory lien arises. G. L. c. 183A, § 6(a). Once the amount of the lien is established by the court, the court 'shall' enter an order authorizing the foreclosure. G. L. c. 254, § 5A, inserted by St. 1987, c. 338, § 3. The statutes do not provide any relief from these provisions on account of inability to pay. The hearing transcript reveals no improper comment by the Superior Court judge, who made every effort to inform Donegan of the law and the narrowness of the legal issues before the court.

The judgment is affirmed. Meadow View, having prevailed on appeal, is entitled to reasonable attorney's fees and costs for this appeal under the condominium statute. See G. L. c. 183A, § 6(c) ('Further, the organization of unit owners shall be entitled to collect any charges thereafter becoming due and all of the organization's costs, including reasonable attorneys' fees, incurred in such action'), as appearing in St. 1991, c. 554, § 1; Yorke Mgmt. v. Castro, 406 Mass. 17, 19 (1989) ('The statutory provisions for a 'reasonable attorney's fee' would ring hollow if it did not necessarily include a fee for the appeal '). Meadow View's verified and itemized application for fees and costs may be filed within fourteen days of receipt of this decision. Donegan will then have fourteen days to file an opposition to the amounts requested. See Fabre v. Walton, 441 Mass. 9, 10-11 (2004).

So ordered.

By the Court (Sikora, Carhart & Sullivan, JJ.),

By its board of trustees, who are not individually named in the complaint.


Summaries of

Meadow View Condo. Trust v. Donegan

COMMONWEALTH OF MASSACHUSETTS APPEALS COURT
Apr 20, 2012
11-P-430 (Mass. Apr. 20, 2012)
Case details for

Meadow View Condo. Trust v. Donegan

Case Details

Full title:MEADOW VIEW CONDOMINIUM TRUST v. ELAINE T. DONEGAN & another.

Court:COMMONWEALTH OF MASSACHUSETTS APPEALS COURT

Date published: Apr 20, 2012

Citations

11-P-430 (Mass. Apr. 20, 2012)