Fitch Law Partners LLP
Excellence in Complex Litigation
617-542-5542

Posts tagged "condominium litigation"

Appeals Court Holds That Condominium Owners Can Waive Constitutional Rights In Bylaws

The Massachusetts Appeals Court considered whether a provision in condominium by-laws unfairly prevented individual unit owners from seeking the intervention of the court where the unit owners alleged that the condominium's trustees had breached their fiduciary duties and mismanaged the condominium's affairs. In Bettencourt v. Trustees of Sassaquin Village Condominium Trust, the owners of three units in a twelve-unit condominium sued the three trustees who had hired a contractor to pave the condominium's parking lot without first putting the matter to a vote of all of the unit owners. The paving work resulted in $950 special assessments against each unit owner. The trustees alleged that the plaintiffs' claims were barred by the condominium by-laws, which contained a provision (referred to as a "consent requirement") that required unit owners to obtain the assent of at least 80% of the unit owners before filing suit against the trustees. The plaintiff unit owners had not obtained that assent before filing suit in this case.

Contact Us

Fitch Law Partners LLP
1 Beacon Street
Boston, MA 02108

Phone: 617-542-5542
Fax: 617-542-1542
Boston Law Office Map

Fitch Law Partners LLP
56 Pine St
Providence, RI 02903

Phone: 401-521-6500
Fax: 401-274-2780
Providence Law Office Map

Fitch Law Partners LLP
110 Cedar Street
Suite 250
Wellesley Hills, MA 02481

Phone: 617-542-5542
Fax: 617-542-1542
Map & Directions