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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 14

Citation
Section 14
Parent Document
Layes v. RHP Properties, Inc. (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-08-28

Other Sections in This Document (524)

Full Text

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42We do not agree with the motion judge's ruling that there
could be no c. 93A violation as to a particular CC park resident
unless the operator committed some additional "affirmative
action" that amounted to "imposition" of the lease clause on
that park resident. The placement of the clause in the lease
documents was a c. 93A violation; no further "affirmative
action" was required. See §§ 10.03(2)(n) and 10.05(4)(d).
                                                                  37 also possible that some proposed class members may not have suffered any harm as a result of the defendants' policies regarding residents' exterior fuel tanks. Accordingly, on remand the parties and the motion judge must address the claimed injuries (if any) of the purported