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BOARD OF DIRECTORS v. WACHOVIA BANK, N.A.

Record No. 021741.

581 S.E.2d 201 (2003)

266 Va. 46

BOARD OF DIRECTORS of the Colchester Towne Condominium Council of Co-Owners, v. WACHOVIA BANK, N.A., et al.

Supreme Court of Virginia.

June 6, 2003.

Attorney(s) appearing for the Case

Brendan P. Bunn, McLean, (Allen B. Warren, Arlington; Chadwick, Washington, Olters, Moriarty & Lynn, on briefs), Richmond, for appellant.

Daniel S. Fiore, Arlington, for appellee Wachovia Bank, N.A.

No brief or argument for appellee Juanita C. James.

Amicus Curiae: Washington D.C. Metropolitan Chapter of Community.

Association Institute (Andrew J. Terrell; William Bradley Mason, Jr.; Whiteford, Taylor & Preston, Alexandria; Segan, Mason & Mason, on brief), in support of appellant.

Present: HASSELL, C.J., and LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and Carrico, S.J.

Opinion by Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the trial court correctly determined that Code § 55-79.84, part of the Condominium Act, Code §§ 55-79.39 through -79.103, requires that the proceeds from a non-judicial sale of a condominium unit by a unit owners' association to satisfy a lien for unpaid condominium fees must first be applied to satisfy a prior first deed of trust on the unit sold.

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