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

By Judge Henry E. Hudson

This case is before the Court on the Complainant’s Petition for Injunction. Complainant seeks to enjoin the Defendant condominium association from conducting a public sale of Defendant James’s condominium unit to enforce a recorded lien for unpaid association dues. Complainant bank contends that the Defendant association intends to satisfy its lien from the sales proceeds without first paying off the bank’s duly recorded first deed of trust on James’s unit. The Defendant association, relying on Va. Code § 55-79.84(1), argues that it is entitled to do so.

After hearing…