HOMESIDE LENDING v. UNIT OWNERS ASS'N

Record No. 000590.

540 S.E.2d 894 (2001)

HOMESIDE LENDING, INC. v. UNIT OWNERS ASSOCIATION OF ANTIETAM SQUARE CONDOMINIUM, et al.

Supreme Court of Virginia.

January 12, 2001.


Attorney(s) appearing for the Case

Gregory N. Britto, Fairfax (Shapiro & Burson, on briefs), for appellant.

James V. Ingold (Chadwick, Washington, Olters, Moriarty & Lynn, on brief), for appellee Unit Owners Ass'n of Antietam Square Condominium.

No brief or argument for appellee Special Commissioner of Sale, John J. Karcha, Esq.

Present: CARRICO, C.J., HASSELL, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, Senior Judge.


KINSER, Justice.

In this appeal, we address the question whether, under Code § 55-79.84(A) and (E), court costs, attorneys' fees, and repair expenses incurred by a condominium unit owners' association in instituting and maintaining a suit to enforce liens for unpaid assessments, as well as the fees of a special commissioner, have priority over payment of sums remaining due on a note secured by a first deed of trust. Because we conclude that Code § 55-79...

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