The Connecticut Appellate Court (Peters, J.) recently upheld a trial court decision striking a defendant’s special defenses to a condominium association’s foreclosure of a statutory lien for unpaid common charges.  The defendant’s special defenses alleged that the plaintiff’s failure to make repairs to exterior walls and common areas of the condominium had reduced the value of the unit so much as to make it unsalable.

The Court agreed with the trial court’s finding that General Statutes 47-257 and 47-258 demonstrates the legislature’s intention that a duly constituted condominium association has an enforceable lien to assist in the collection of common charges, that the purpose of such a lien is to protect the condominium’s common financial interest in collection of revenues to benefit the entire condominium community, and that such a protection would be jeopardized if a condominium owner could withhold payment based on complaints or disagreements.

The Court found that the common law principle of constructive eviction is not applicable to the owner of a condominium unit, as such an owners rights and liabilities are governed by the Common Interest Ownership Act, General Statutes 47-200 et seq.

See Coach Run Condominium, Inc. v. Debroah L. Furniss, et al., AC 33587 (Conn. App. 2012)

Condominium Association’s Failure to Perform Maintenance Not an Adequate Special Defense to Foreclosure
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