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 obligation making a condominium purchaser jointly and severally liable for unpaid assessments applies to a purchaser at a mortgage-foreclosure sale, so the association's assessment claim was not extinguished. It also upheld the attorney-fee award because the statute did not require the association to obtain a lien before seeking fees and the bank's stated challenge did not establish an abuse of discretion. Justice Courtney Hudson Goodson, dissenting, would have dismissed the appeal for lack of a final, appealable order because the amount of assessments owed had not been reduced to a definite judgment.