Will v. Mill Condominium Ass'n

2004

Court: VT Supreme Court

Facts: Will fails to pay her condo fees. The Condo Association has an attorney foreclose. There's confusion about wiring of redemption payments, and she's 1 hour late. By that time, the property had been sold for a suspiciously low fee (the attorney had TOLD the purchasers what the minimum price would be).

Posture: Suit to set aside the foreclosure. Trial court awards the property to the purchasers. Appeal.

Issue: Does the Uniform Common Interest Ownership Act bar nonjudicial foreclosure sales that fale to take place in a commercially reasonable manner?

Holding: Yes. The sale is void.

Rule: UCIOA § 1-113

Reasoning: The legislature intends the foreclosure process to protect condo owners.

Dicta: