by Editor | November 7, 2017 8:52 pm
In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the Cambridge Point Condominium (“Condominium”) Trust filed an action against the developers that built the Condominium, Cambridge Point, LLC and others (collectively, the “Developer”), seeking damages for common area construction defects. The Superior Court dismissed the action because the Trustees failed to comply with the provision of the Condominium bylaws (“Bylaws”) concerning filing lawsuits on behalf of the Condominium Trust (the “Litigation Provision”), and rejected the Trustees’ assertion that the Litigation Provision was unenforceable. The Massachusetts Supreme Judicial Court agreed to hear the Trustees’ appeal of the Superior Court decision on direct review, and held oral arguments on October 5, 2017. Its decision is currently pending. Read the article……………….
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