A Massachusetts Superior Court judge sitting in the Business Litigation Session denied a condominium association’s request to dismiss a putative class action seeking a declaration that “resale fees” imposed against unit sellers for future common expenses is unlawful.  Whether condominium associations can impose such fees against only selling unit owners but not all unit owners for the purpose of building up cash reserves to defray future common expenses is previously untested in Massachusetts.   Read the article…………………………….