136 Conn. App. 698
Conn. App. Ct.2012Background
- Condominium association forecloses lien for unpaid common charges under CGS §47-258; defendant executrix of estate owns unit 10 at Coach Run Condominium in Norwalk; defendant allegedly vacated due to poor maintenance by association; court struck special defenses and granted summary judgment on liability; $6017.88 in unpaid charges plus fees; mortgage lien is secondary to association lien for six months prior to action; defendant argues maintenance failures devalue unit and justify nonpayment; issue involves whether act precludes defenses to a statutory lien foreclosure.
- Defendant argues constructive eviction doctrine and improper preclusion of defenses; trial court held act requires payment notwithstanding maintenance failures; appellate analysis focuses on whether defenses may be raised against foreclosure under the act.
- Court holds that the act governs rights and obligations, defenses are precluded in nonpayment foreclosure actions, and plaintiff is entitled to judgment as a matter of law.
- The court noted mootness arguments due to relocation are not controlling and proceeded on the merits; the mortgage lien remains subordinate to the association’s six-month pre-action charges; separation of damages action remains available to defendant.
- Judgment affirmed; sale date to be set.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the act precludes defenses to a common charge lien foreclosure | Fumiss v. association; defenses foreclosed by §47-258 and §§47-257, 47-258 | Constructive eviction and other defenses may bar or reduce lien | Yes; defenses precluded; plaintiff entitled to judgment as a matter of law |
| Whether the defendant’s mootness argument nullifies the appeal | Relocation does not moot the case | Appeal moot due to abandonment | No; appeal not moot; subject matter jurisdiction preserved |
| Whether the court properly struck special defenses and granted summary judgment | Act creates enforceable lien to secure timely payment | Maintenance failures should offset or negate liability | Yes; defenses struck; judgment for plaintiff affirmed |
| Whether the mortgage lien is subordinate to the association’s lien for six months | Lien priority established by §47-258(b) | Potential collateral effects of maintenance claims | Secondary to six-month common charges lien; priority preserved |
Key Cases Cited
- Allstate Life Ins. Co. v. BFA Ltd. Partnership, 287 Conn. 307 (Conn. 2008) (summary judgment standard; plenary review of strike decisions)
- Ameriquest Mortgage Co. v. Lax, 113 Conn. App. 646 (Conn. App. 2009) (guide on Practice Book § 10-39; standard of review)
- Congress Street Condominium Assn., Inc. v. Anderson, 132 Conn. App. 536 (Conn. App. 2011) (special defenses precluded in nonpayment foreclosure actions)
- Conference Ctr. Ltd. v. TRC, 189 Conn. 212 (Conn. 1983) (constructive eviction concept discussed as analogue)
- Welsch v. Groat, 95 Conn. App. 658 (Conn. App. 2006) (constructive eviction elements)