Neighborhood Ass’n v. Limberger

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Plaintiff was the homeowner’s association for a common interest community. Defendant owned a condominium unit in the community. Pursuant to a "standard collection policy" adopted by Plaintiff in 2011, Plaintiff brought this action seeking to foreclose a statutory lien for allegedly delinquent common expenses, attorney’s fees, and costs. Defendant moved to dismiss the complaint on the ground that the court lacked subject matter jurisdiction due to Plaintiff’s failure to vote to commence a foreclosure action against Defendant’s unit or to adopt a standard foreclosure policy pursuant to the notice and comment requirements of Connecticut’s Common Interest Ownership Act. Plaintiff, in turn, argued that its policy was an "internal business operating procedure" rather than a rule and therefore was not subject to the notice and comment procedures for rules. The trial court entered judgment in favor of Plaintiff, concluding that Plaintiff’s standard foreclosure policy was an internal business operating procedure, not a rule. The Supreme Court reversed, holding that the standard foreclosure policy is a rule and that the rule-making requirements are jurisdictional. Remanded with direction to dismiss Plaintiff’s action. View "Neighborhood Ass’n v. Limberger" on Justia Law