Common Expense Lien Enforcement
Our firm makes the lien enforcement process as easy and predictable as possible. We provide all the guidance and information an association needs to act in a timely manner and ensure that all delinquent common expenses are recovered.
Moreover, we recognize that the loss of revenue caused by delinquencies deprives an association of the funds its needs to operate at full strength. We do not believe the lien enforcement process should add to that imbalance. For that reason, we do not require our clients to pay the legal fees associated with handling delinquent common expense assessments until the lien enforcement process is completed. Our flexibility in this regard provides MBM clients with the ability to direct their resources where they belong, providing the critical services its owners need and deserve. MBM will not create a drain on the financial resources of any association at any stage of the lien enforcement process but will partner with its clients to achieve goals in a way which avoid hardship to the association.
Our firm makes the lien enforcement process as easy and predictable as possible.
Our attorneys are experts in the field. One of the firm’s principals, Tom Moriarty, represented the plaintiff condominium association before the Massachusetts Supreme Judicial Court in Drummer Boy Homes Association, Inc. v. Carolyn P. Britton & another, 474 Mass. 17 (2016). Drummer Boy is the most important appellate case ever decided in this area. Drummer Boy recognized the so-called “rolling lien” which allows an association, with the guidance and direction of association counsel, to take action to ensure that the full amount of the association’s lien for unpaid common expense fees, including attorney’s fees and costs incurred by the association in pursuing the lien, is recoverable even where there may not be sufficient equity in a unit to satisfy the other existing mortgages and liens.