Merritt Medical Center Owners Corp. v. Gianetti

Citations

• 197 Conn. App. 226

Syllabus

The plaintiff sought to foreclose liens for unpaid common charges pursuant to statute (§ 47-258 (m)) against two medical office units owned by the defendant G in a common interest community. The trial court granted the plaintiff's motions for summary judgment as to liability and rendered judgments of foreclosure by sale, from which G appealed to this court. Held that the trial court erred in rendering summary judgment in favor of the plaintiff: although § 47-258 (m) (1) (C) required that the plaintiff's executive board either adopt a standard foreclosure policy or specifically vote to authorize foreclosure, the plaintiff had no standard foreclosure policy and the plaintiff's executive board merely authorized sending the matters to collection; moreover, because the foreclosure actions were not commenced in compliance with § 47-258 (m), the court lacked juris- diction over the actions. Argued January 23—officially released May 5, 2020