Supreme Court of Arkansas

First State Bank, Appellant v. Metro District Condominiums Property Owners’ Association, Inc., Appellee

February 6, 20142014 Ark. LEXIS 96

Summary

The court held that the statutory provision making a condominium purchaser jointly and severally liable for unpaid assessments applies to a purchaser at a mortgage-foreclosure sale, because the statute contains no foreclosure exception. It also upheld the award of attorney’s fees because the governing statute did not require the association to obtain a lien and the bank’s asserted bylaw-compliance argument did not establish an abuse of discretion. Justice Courtney Hudson Goodson, dissenting, would have dismissed the appeal for lack of a final, appealable order.