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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berish v. Bornstein, 437 Mass. 252 (2002)

Citation
Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document
Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-06-28

Other Sections in This Document (93)

Full Text

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d. Ruling on the initial report and objections. On February 28, 1997, the Superior Court judge ruled on the parties’ objectians to the master’s initial report. First, he considered the master’s finding that the trustees did not suffer any damages as the result of Bomstein’s failure to pay common area fees. Noting that this conclusion violated the ruling in Trustees of the Prince Condominium Trust v. Prosser, 412 Mass. 723, 725 (1992) (unit owners may not assert right of setoff against lawfully assessed common expenses), the judge concluded that the nominee trust owed the unit owners’ association $36,233.