Drummer Boy Homes Association, Inc. v. Britton, 47 N.E.3d 400

Background

Drummer Boy Homes Association, Inc. (the association) sued unit owners Carolyn and Randy Britton to collect unpaid monthly common expense assessments and to enforce priority liens under G. L. c. 183A, § 6, filing three separate actions (Aug. 8, 2007; Feb. 6, 2008; Oct. 6, 2008) that were later consolidated.
The association sought to obtain "super-priority" lien status over the first mortgage for six months of unpaid common expenses per action and for attorney's fees and costs; the Brittons withheld payment due to a parking dispute but did not litigate that dispute in court.
The District Court granted summary judgment to the association but limited priority to one six-month period (the six months prior to the first action) and awarded a priority lien for that amount plus fees; the association's motion to alter was denied.
The Appellate Division and the Appeals Court affirmed, concluding the statute permits only one six-month priority period; the association obtained further review by the Supreme Judicial Court (SJC).
The SJC addressed (1) whether the association had standing as the "organization of unit owners" to enforce § 6 and (2) whether § 6 permits an organization to file successive actions to establish multiple contemporaneous six‑month priority liens for successive unpaid periods.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing: is the association the "organization of unit owners" under G. L. c. 183A and entitled to sue to collect common expenses?	Association: declaration and bylaws delegated assessment and collection authority to the incorporated association, making it the organization of unit owners for enforcement.	Britton: association named incorrectly and therefore lacks statutory standing to enforce § 6.	Held: association has standing; it was properly the organization of unit owners and may enforce § 6.
Successive priority liens: does G. L. c. 183A, § 6(c) allow filing successive actions to create multiple contemporaneous six‑month super‑priority liens for successive unpaid common expense periods?	Association: recurring monthly assessments permit repeated actions to create successive six‑month priority liens to recoup successive delinquencies.	Britton/Appellate position: statute contemplates a single six‑month super‑priority period; multiple liens would unduly undermine mortgage priority.	Held: § 6(c) permits successive enforcement actions and multiple contemporaneous six‑month priority liens; reversed lower court.
Role of mortgagee protections (4th & 5th paragraphs of § 6(c))	Association: those paragraphs presuppose multiple "priority liens" and enable mortgagees to cure/assume future expenses, supporting successive liens.	Britton: mortgagee protections show statutory intent to limit condominium priority to single period.	Held: the mortgagee cure mechanism confirms Legislature anticipated multiple priority liens; it preserves balance between associations and mortgagees.
Appellate attorney's fees: is the association entitled to fees for appellate proceedings?	Association: § 6(b) makes unit owner liable for attorneys' fees and costs, including appellate proceedings.	Britton: disputed but argued fees should be limited.	Held: association entitled to reasonable appellate attorney's fees and costs; directed to file supporting materials.

Key Cases Cited

Hanlon v. Rollins, 286 Mass. 444 (statutory interpretation guided by legislative intent and purpose)
Kaplan v. Boudreaux, 410 Mass. 435 (construing condominium statute G. L. c. 183A)
Trustees of the Prince Condominium Trust v. Prosser, 412 Mass. 723 (importance of collecting common expense assessments to condominium viability)
Yorke Mgt. v. Castro, 406 Mass. 17 (awarding attorney's fees under a statutory scheme)
Blood v. Edgar's, Inc., 36 Mass. App. Ct. 402 (Legislature strengthened common expense collection in amendments to G. L. c. 183A)
Fabre v. Walton, 441 Mass. 9 (procedure for submitting and awarding appellate fee applications)