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
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

Full Text

907 chars

In Massachusetts, condominium unit owners own the common areas as tenants in common in proportion to their respective undivided interests. See Kaplan v. Boudreaux, supra at 438; Noble v. Murphy, supra at 456. However, the management and control of the common areas of a condominium development is vested in the organization of unit owners, G. L. c. 183A, § 10, which is defined as “the corporation, trust or association owned by the unit owners and used by them to manage and regulate tire condominium.” G. L. c. 183A, § 1. The trustees or other members of the organization of unit owners may act only on behalf of all of the unit owners. Golub v. Milpo, Inc., supra at 401. Here, the organization of unit owners is a trust, and the trustees are empowered by G. L. c. 183A, § 10 (b) (4), to “conduct litigation and to be subject to suit as to any course of action involving the common areas and facilities.”

Other Sections in This Document (93)

Full Text