Malden, MA asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts

Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254 sec 5a).

Was not defaulted, answered all pleadings, present at all hearings, NO outstanding common area fees. "Damages" consisted of only legal fees and costs (never billed). They incurred no other expenses and nothing was overdue.

Assessment Hearing held 6/20/18. Decision dated 12/28/18 posted 1/3/19.

Judge granted most of amount they sought, but not all, noting that their extent of legal involvement and litigation was excessive. She also granted a lien pusuant to 183A (6a) and (6c) and interest beginning 10/5/2016.

Condo owner is 90, has Declaration of Homestead, her only income is from protected sources. Is she judgment proof?

What recourse is available?

1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • San Francisco, CA
  • Licensed in Massachusetts

A: One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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