HomeSide Lending, Inc. v. Unit Owners Ass'n of Antietam Square Condominium

In this appeal, we address the question whether, under Code § 55-79.84(A) and (E), court costs, attorneys’ fees, and repair expenses incurred by a condominium unit owners’ association in instituting and maintaining a suit to enforce liens for unpaid assessments, as well as the fees of a special commissioner, have priority over payment of sums remaining due on a note secured by a first deed of trust. Because we conclude that Code § 55-79.84(A) establishes the priority of liens, we will reverse that part of the judgment of the circuit court directing payment of the costs and other…