Will v. Mill Condominium Owners' Association

Anne Will (plaintiff) owned a condominium at The Mill Condominiums and fell behind on her dues, so the Mill Condominium Owners' Association (defendant) began foreclosure. Before the sale, the association told Allen and Linda Seiple (defendants) the minimum bid would be about $3,510. The Seiples were the only bidders and bought the unit for that amount. The association wrongly believed the unit carried a $45,000 mortgage that had in fact been discharged. Will sued to set aside the sale as commercially unreasonable. The trial court found the unit's fair market value was about $70,000 but granted summary judgment to the defendants. Will appealed.

Whether a condominium association foreclosing on a unit for unpaid dues has an affirmative duty to conduct the foreclosure sale in a commercially reasonable manner.