Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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Under G.L.c. 183A, §10(b)(4), only the condominium trustees have the right to conduct litigation concerning common areas and facilities. Strauss v. Oyster River Condo. Trust, 417 Mass. 442, 445 (1994); Cigal v. Leader Development Corp., 408 Mass. 212, 217 (1990) (the association acts as the exclusive representative of unit owners in litigation for negligent construction). The plaintiffs emphasize that the Board of Trustees was dominated by defendant Stuart Bornstein and his relatives until July of 1985, when unit owners became the majority of the Board,8 and argue that a Bornstein-dominated Board would not be expected to sue for the common area defects at issue in this case. The plaintiffs therefore argue that the statute of limitations for all claims was tolled until July of 1985, relying on the “adverse domination” doctrine discussed in Demoulas v. Demoulas Super Markets, Inc., 424 Mass. 501, 522-23 (1997).

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