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Tosney v. Chelmsford Village Condominium Association

Citations: 493 N.E.2d 488; 397 Mass. 683

Court: Massachusetts Supreme Judicial Court; June 2, 1986; Massachusetts; State Supreme Court

Narrative Opinion Summary

The case involves a dispute arising from the Chelmsford Village Condominiums regarding the imposition of limited common area charges by the condominium association. The primary legal issue is whether the Massachusetts condominium statute permits special assessments for limited common areas without formally amending the master deed. Initially, the developer had reserved the right to make future constructions and outlined common expenses to be shared by unit owners. After the developer's bankruptcy, a new developer continued construction, and an agreement was recorded allowing special assessments for certain unit owners. The plaintiffs, who purchased a unit in a garden-style building, challenged these charges, claiming a statutory violation. The association's motion for summary judgment was granted, affirming the legality of the assessments based on the by-laws. The court held that while a formal amendment to the master deed would have been prudent, the association retained the right to charge for limited common areas as an extension of general common expenses. The plaintiffs were aware of these charges at the time of purchase, and their objections to fee increases were dismissed. The ruling was upheld, emphasizing the association's authority under its by-laws and the master deed provisions, consistent with the enabling statute G.L.c. 183A.

Legal Issues Addressed

Amendments to Master Deeds and Consent Requirements

Application: The plaintiffs argued that amendments to the master deed could not increase an owner's share in common expenses without unanimous consent, but the ruling clarified the association's authority under the existing by-laws.

Reasoning: Plaintiffs also cited a provision stating that amendments cannot increase an owner's share in common expenses without consent from all relevant owners and mortgage holders.

Authority of Condominium Associations to Impose Special Assessments

Application: The court upheld the condominium association's authority to impose special common area assessments in accordance with the by-laws, even without a formal amendment to the master deed.

Reasoning: The association moved for summary judgment, which was granted, affirming the legality of the special common expense charges assessed according to the by-laws.

Condominium Statutes and Limited Common Area Charges

Application: The court considered whether the Massachusetts condominium statute permits charges for limited common areas to be levied on fewer than all unit owners without amending the master deed.

Reasoning: The Supreme Judicial Court of Massachusetts addressed whether the Massachusetts condominium statute permits 'limited' common area charges applicable to fewer than all unit owners, and whether such charges must be established via an amendment to the master deed or through a recorded agreement between the condominium developer and association.

Interpretation of Condominium By-laws and Master Deeds

Application: The judge interpreted the association's by-laws and the master deed provisions correctly, affirming the association's right to impose additional assessments as necessary.

Reasoning: Additionally, the association's by-laws grant the board the authority to impose additional assessments as necessary. The judge's interpretation of the master deed's provisions is deemed accurate, leading to the affirmation of the judgment.