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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1187 September Term, 2010

ELIZABETH S. CAMPBELL v. COUNCIL OF UNIT OWNERS OF BAYSIDE CONDOMINIUM

Eyler, James R., Wright, Thieme, Jr., Raymond G., (Retired, Specially Assigned), JJ.

Opinion by Thieme, J.

Filed: December 1, 2011

At issue in this case is whether the purchaser of a condominium in a foreclosure sale holds legal title to the property as of the date of the sale, thus rendering her liable for condominium assessments and fees dating from that point. We shall hold that she does, and thus affirm the judgment of the Circuit Court for Queen Anne's County. B ACKGROUND The facts are not in dispute.1 Accordingly, the issue presented may be resolved as a matter of law. The circuit court's ruling is thus subject to de novo review. 600 North Frederick Road, LLC v. Burlington Coat Factory of Maryland, LLC , 419 Md. 413, 432 (2011). Cf. Heat & Power Corp. v. Air Products & Chemicals, Inc., 320 Md. 584, 590-91 (1990) (de novo review of summary judgment ruling). Appellant Elizabeth Campbell is the owner of the condominium property at 902 Auckland Way in Chester, Maryland ("Property"). The property is a unit within the Bayside Condominium Regime, and Ms. Campbell became its owner after her successful bid at a trustee's foreclosure sale conducted on August 3, 2009 by the holder of the deed of trust. The terms of the trustee's sale provided in part: TERMS OF SALE: . . .Adjustments on all taxes, public charges and special and regular assessments will be made as of the date of the sale and thereafter assumed by the purchaser. If applicable, condominium and/or homeowner association dues and assessments that may become due after the time of sale will be the responsibility of the purchaser. Title examination, conveyancing, state revenue stamps, transfer taxes, title insurance, and all other costs incident to settlement are to be paid by the purchaser. . . .

The parties stipulated that there were no factual issues in dispute. The circuit court thus ruled on the question before us as a matter of law.

1

The sale was ratified by the circuit court on November 25, 2009, and Ms. Campbell settled on the property on December 28, 2009. The deed was recorded in the land records of Queen Anne's County on January 7, 2010. Ms. Campbell did not pay the condominium fees that had accrued from the date of the foreclosure sale, but instead paid only those condominium fees due from the date of settlement forward. As a result of her refusal to pay the condominium fees that were due for the interval between the dates of the foreclosure sale and the execution of the deed, counsel for the Council of Unit Owners of Bayside Condominium, the governing body of the condominium regime, sent Ms. Campbell a letter notifying her of Bayside's intent to create a condominium lien "with the ultimate intent of foreclosing on [her] property." In its Notice, Bayside claimed . . . common expenses of the Condominium applicable to the [Unit] . . . for the period August 3, 2009 through February, 2010 totaling $1,552.44, late charges in the amount of $70.00, with interest bearing thereon at the rate of 18% per annum totaling $116.90 as of March 28, 2010, acceleration of condominium assessments through the fiscal year ending December 31, 2010 in the amount of $2,316.90, as well as the cost and expenses of $500.00, which includes reasonable attorneys' fees . . . On March 9, 2010, Ms. Campbell responded by filing suit in the Circuit Court for Queen Anne's County pursuant to Section 14-203(c) of the Maryland Contract Lien Act, Md. Code (1974, 2003 Repl. Vol., 2009 Supp.),

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Maryland Law