Vaccaro v. Shell Beach Condominium, Inc.
148 A.3d 1123
| Conn. App. Ct. | 2016Background
- Vaccaro bought Unit 14 in 1999; deed referenced Garage 49 but not Garage 14. He later learned he was being taxed for both Garage 14 and Garage 49 and, after reviewing the condominium instruments in 2009, claimed Garage 14 was a limited common element appurtenant to Unit 14.
- Vaccaro sued the condominium association and board members in 2009 asserting seven counts including violation of Conn. Gen. Stat. § 47-75 (enforcement of condominium instruments), breach of fiduciary duty, CUTPA, trespass, fraud, negligent infliction of emotional distress, and breach of covenant of good faith.
- Defendants moved for summary judgment (statute of limitations defense). The trial court found garages were limited common elements, concluded defendants had no ongoing duty to assign Garage 14, and held all counts time barred; judgment for defendants.
- On appeal Vaccaro argued (1) that a § 47-75 enforcement claim is equitable and not time-barred, or at least governed by a longer limitations period (15 years under adverse possession statute), and (2) that the continuing course of conduct doctrine tolled the limitations periods.
- The appellate court affirmed: it held claims that permit both legal and equitable relief are subject to the applicable statutes of limitations; the most analogous limitations periods (either 3-year tort or 6-year contract) applied and barred the claims; the continuing-course doctrine did not apply because no ongoing duty or continuing wrongful conduct was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an action under § 47-75 is immune from statutes of limitations because it is equitable | Vaccaro: § 47-75 enforcement is essentially equitable (like enforcing restrictive covenants), so no statute of limitations should bar it | Defendants: § 47-75 permits legal and equitable relief; where legal remedies are available the analogous statute of limitations applies | Held: Where a cause of action allows both legal and equitable relief, the applicable statute of limitations for the legal claim also bars the equitable claim; § 47-75 claims are therefore subject to a limitations period |
| Which limitations period applies to the § 47-75 claim | Vaccaro: The claim is property-like; analogous to adverse possession, so the 15-year statute (§ 52-575) should apply | Defendants: The claim sounds in tort or contract and is governed by the ordinary tort (3 years) or contract (6 years) statutes | Held: Applying the ‘‘most analogous’’ test, either the 3-year tort or 6-year contract period would apply; in any event Vaccaro’s action (filed 2009) was time barred (origins in 1986/1999) |
| Whether the continuing course of conduct doctrine tolled the limitations periods | Vaccaro: The association’s alleged failure to enforce the declaration created an ongoing duty and continuing breach that tolled limitations | Defendants: There was no continuing duty or continuing wrongful conduct; enforcement is discretionary and past acts are discrete | Held: Tolling inapplicable—no evidence of an ongoing duty or continuous wrongful acts; the original wrong was completed in 1986 or at latest 1999, so claims were untimely |
| Whether plaintiff produced evidence creating a factual dispute to defeat summary judgment on timeliness | Vaccaro: Factual disputes exist as to assignment/possession of Garage 14 and defendants’ ongoing conduct | Defendants: Material facts establishing tolling or possession were absent; record establishes claims accrued earlier | Held: No genuine issue of material fact on tolling or possession sufficient to avoid summary judgment; judgment affirmed |
Key Cases Cited
- Dunham v. Dunham, 204 Conn. 303 (Conn. 1987) (equitable claims may be heard notwithstanding statutory limitations but courts often look by analogy to statutes of limitation)
- Gager v. Sanger, 95 Conn. App. 632 (Conn. App. 2006) (where cause allows both legal and equitable relief, applicable statute of limitations for the legal claim bars equitable relief)
- Bellemare v. Wachovia Mortgage Corp., 284 Conn. 193 (Conn. 2007) (borrow the most suitable statute of limitations based on nature of cause; analyze source of duty to determine tort v. contract)
- Flannery v. Singer Asset Finance Co., LLC, 312 Conn. 286 (Conn. 2014) (elements and limits of continuing course of conduct doctrine that can toll statute of limitations)
- Watts v. Chittenden, 301 Conn. 575 (Conn. 2011) (discussion of continuing course doctrine and when cumulative/continuous events justify tolling)