Town of Milford v. James S. Boyd, et als, Managers of Courtyard at Milford Condominium Association (434 Mass. 754, 752 NE ad732) (2001)
The SJC affirms J. Mark Green of the Land Court in connection with a dispute over
the priority of a condo association lien over a local tax lien. The condo
association sought payment for condo unit common area charges for units taken
for taxes by the Town of Milford. The SJC ruled that as soon as the Town makes
its tax taking it acquires record title to the condo unit. Once holding title to
the unit, the Town is obligated to pay common area charges.
The Town had argued that a decree of foreclosure under C. 60, Section 69
extinguished the Town's liability for prior common area charges. The SJC took
this case for direct appellate review and denied the Town's arguments. The
Associations continued care and maintenance of common areas is a benefit to the
Town as unit owner and is liable for those benefits.