Legal Opinion

Residences at Cape Ann Heights Condominium Ass'n v. Halupowski

Massachusetts Appeals Court

Decided February 21, 2013No. 12-P-1689PublishedCited by 1 opinion

1Opinion of the CourtMilkey, J.

The plaintiff is the owners’ association of a residential condominium located in Gloucester. It brought this action to enforce a statutory lien on one of the condominium’s units. The basis of the lien was $3,759.55 in unpaid common expenses. Concluding that the association was unlikely to recover more than $25,000, a judge of the Superior Court dismissed the action without prejudice. See G. L. c. 212, § 3A(b). The association appealed pursuant to G. L. c. 212, § 3A(c), and the single justice reserved and reported the matter without decision to a full panel of this court. We reverse.

*333Discussion.…

2Cases cited5 opinions

  1. Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
  2. Blood v. Edgar's, Inc.Massachusetts Appeals Court · 1994
  3. National Lumber Co. v. United Casualty & Surety InsuranceMassachusetts Supreme Judicial Court · 2004
  4. Trustees of the Prince Condominium Trust v. ProsserMassachusetts Supreme Judicial Court · 1992
  5. Zizza v. ZizzaMassachusetts Supreme Judicial Court · 2010

3Cited by1 opinion

  1. Government Employee Insurance v. Performance Physical Therapy, Inc.Massachusetts Superior Court · 2013

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