Citimortgage, Inc. v. Dusablon

2015 VT 68, 122 A.3d 1202, 199 Vt. 283, 2015 Vt. 68, 2015 Vt. LEXIS 42
Supreme Court of Vermont·Decided April 17, 2015·No. No. 14-012·Published·Cited by 4 cases

Opinion

¶ 1.

Skoglund, J.

Appellant Horizon Heights Condominium Association seeks to recover from joint condominium owners Ronald J. Dusablon, Jr. and Joan V. Dusablon monthly dues that accrued after the Dusablons redeemed their foreclosed-upon condominium. At the bottom of procedural muck lies the principal question of this case: whether a condominium owners’ association may collect from a pair of owners monthly assessments that accrued in between the end of the date range stated in an agreement that formed the basis of a foreclosure judgment as [285]*285between those parties, and the date on which that judgment was entered. We hold that an association may recover these debts because they were not covered by the prior agreement or its attendant foreclosure judgment. Owners who continue to live in their condominiums and reap the association’s services may not use an old foreclosure decree as a shield to avoid paying subsequent monthly assessments.”

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Citimortgage, Inc. v. Dusablon, 2015 VT 68, 122 A.3d 1202, 199 Vt. 283, 2015 Vt. 68, 2015 Vt. LEXIS 42 (Vt. 2015).

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