Tally Arms Condominium Ass'n, Inc. v. Breland, et al.
| Docket Number: | 2002-CA-00396-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Lien on condominium - Assessment - Section 89-9-21 - Extension Judge(s) Concurring: King, P.J., Bridges, Chandler and Griffis, JJ. Non Participating Judge(s): Thomas, J. Dissenting Author : Southwick, P.J. Dissent Joined By : McMillin, C.J., Lee and Irving, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 02-20-2002 Appealed from: Harrison County Chancery Court Judge: Sanford R. Steckler Disposition: DIVISION OF MONEY BASED UPON PRIORITY OF LIENS Case Number: 01-01163 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tally Arms Condominium Association, Inc. |
JAMES L. GRAY |
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| Appellee: | Norman Breland and Whitney National Bank | JOHN M. HARRAL NORMAN L. BRELAND |
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| Topic: | Real property - Lien on condominium - Assessment - Section 89-9-21 - Extension |
| Summary of the Facts: | After certain property, a condominium, was sold and funds distributed to the priority lienholder, there were insufficient funds to pay all the junior liens. The remaining funds, totaling $16,377.63, were paid into the court and the court distributed the funds according to its determination of priority. Tally Arms Condominium Association, Inc. claimed $14,242.50 plus attorneys fees and costs of at least $2,000. Whitney National Bank claimed $27,892.22. Tally Arms was awarded $1,681.00, and Whitney was awarded $14,696.63. Tally Arms appeals. |
| Summary of Opinion Analysis: | Section 89-9-21 provides that the amount of an assessment plus any other charges shall be and become a lien upon the condominium assessed when the management body causes to be recorded in the office of the chancery clerk of the county in which the condominium is located a notice of assessment, and the lien shall be prior to all other liens recorded subsequent to the recordation of the notice of assessment except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. The lien shall expire one year from the date of recordation unless the period is extended by the management body for a time not to exceed one additional year by recording a written extension. Tally Arms properly filed the one year extension prior to the expiration of the one year lien. Tally Arms had until November 1997 to initiate foreclosure. Tally Arms properly initiated foreclosure in January, 1997, by requesting to amend its complaint to seek foreclosure, even though the request was not granted till June 1998. Although Tally Arms did seek foreclosure prior to the expiration of the lien, it is not entitled to more than its original lien amount since there is no authority that allows a condominium assessment to include language that could encompass all later unfiled assessments. |
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