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/ ↗

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Here, the master ruled that Bomstein breached his contractual obligation set forth in the declaration of trust to issue statements to the nominee trust for the share of common expenses that it owed for the units that it owned. The master considered and rejected Bomstein’s argument that, because the unit owners’ association never issued any statements to the nominee trust, the mechanism to trigger a breach of the obligation to pay was not activated. However, the master decided that Bomstein and the *275other original trustees controlled this mechanism, and therefore “it would be fallacious to conclude that the precondition to a breach never had occurred.” He concluded that “Bornstein’s failure to render statements to his Nominee Trust was the equivalent of his having rendered such statements and then having failed to pay.”

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