Board of Directors of the Colchester Towne Condominium Council of Co-Owners v. Wachovia Bank, N.A.

581 S.E.2d 201, 266 Va. 46, 2003 Va. LEXIS 56
CourtSupreme Court of Virginia
DecidedJune 6, 2003
DocketRecord 021741
StatusPublished
Cited by5 cases

This text of 581 S.E.2d 201 (Board of Directors of the Colchester Towne Condominium Council of Co-Owners v. Wachovia Bank, N.A.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Directors of the Colchester Towne Condominium Council of Co-Owners v. Wachovia Bank, N.A., 581 S.E.2d 201, 266 Va. 46, 2003 Va. LEXIS 56 (Va. 2003).

Opinions

JUSTICE KOONTZ

delivered the opinion of the Court.

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 nonjudicial 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.

BACKGROUND

In March 2002, the Board of Directors of the Colchester Towne Condominium Council of Co-Owners (the Association) recorded a lien, pursuant to Code § 55-79.84, against a condominium unit owned by Juanita C. James for unpaid condominium assessments. The Association initiated the process for a public sale of the unit, as permitted by Code § 55-79.84(1), and notified Wachovia Bank, N.A. (the Bank), the holder of the first deed of trust on the unit. The first deed of trust had been recorded in 1996. The Association’s advertisement of the intended sale of the unit at public auction to the highest bidder reflected that title to the unit would be conveyed to the pur[49]*49chaser by special warranty deed. The notice included a statement that the unit was “subject to a deed of trust” in favor of the Bank and that the sale would be “subject to all existing liens.” The Association intended to disburse the sale proceeds pursuant to the provisions of Code § 55-79.84(I)(5)(c). This subsection makes no express provision for disbursement of any of the proceeds of the sale to satisfy a first deed of trust.

The Bank filed a bill of complaint and a motion for temporary injunction against the impending public sale in the trial court, seeking a declaratory judgment that the proceeds of the sale must first be applied to satisfy the lien of the Bank’s first deed of trust. The Association responded that, under Code § 55-79.84(1), it was entitled to sell the unit “subject to” the Bank’s lien without satisfying that lien, and that the proceeds of the sale were to be applied to the Association’s lien and other specified encumbrances on the property. The trial court entered an injunction in favor of the Bank, concluding that under the provisions of Code § 55-79.84 the Bank’s lien had priority over the Association’s assessment lien and that the Association was required to apply any proceeds from the sale first to satisfy the bank’s lien. We granted the Association an appeal.

DISCUSSION

It is a matter of common knowledge and experience that, as with other forms of land development, purchase money financing by institutional lenders is the primary fuel that drives the development engine of a condominium complex. In turn, the realities of the marketplace require that such lenders be encouraged to provide the desired financing for individual condominium units by granting priority to the lien of their first mortgages or first deeds of trust. It is the priority of the lender’s lien on a particular unit as well as the market value of the unit that establishes the lender’s security for the loan.

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Related

Jaynes v. Commonwealth
634 S.E.2d 357 (Court of Appeals of Virginia, 2006)
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601 S.E.2d 604 (Supreme Court of Virginia, 2004)
Wilburn v. Pinewood Lawns Condominium Phase I Council of Co-Owners
65 Va. Cir. 372 (Fairfax County Circuit Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
581 S.E.2d 201, 266 Va. 46, 2003 Va. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-directors-of-the-colchester-towne-condominium-council-of-co-owners-va-2003.