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*SCS ▶ Worthy ♥ Wednesday 24Jan18



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ARCHIVE WORTHY ▶ B R E A K I N G  N E W S ▶ In a case of first impression, the Massachusetts Supreme Judicial Court (SJC) in the case of Trustees of the Cambridge Point Condominium Trust vs. Cambridge Point, LLC, has ruled that condominium developers cannot unreasonably restrict the ability of owners to file suits against them.  In its Decision, dated January 19, 2018, the Court rejected as violative of public policy, the anti-litigation provisions that developers have been routinely inserting into condominium documents for the last 10-15 years in order to make it difficult if not impossible to sue them for construction and other issues.  The typical anti-litigation provision (which was the same one at issue in this case) requires:

(1) an 80% unit owner vote prior to suing the developer,
(2) the vote must be taken within a narrow 60 day window,
(3) a copy of the proposed lawsuit must be circulated within the 60 day window,
(4) if the owners vote in favor of suing, the Board must immediately specially assess all the owners the entire estimated cost of the lawsuit (legal fees and costs), and
(5) the provision typically can only be amended out of the documents by an 80% vote and/or with developer consent.  ▶ SEARCH THIS CASE ▶ http://docdro.id/BIMcosX






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Condo owner curations

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