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BARCLAY v. DeVEAU

384 Mass. 676 (1981)

429 N.E.2d 323

BEVERLY ANNE BARCLAY, trustee, vs. WILLIAM DeVEAU & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1981.

Attorney(s) appearing for the Case

Peter B. Farrow (M. Frederick Pritzker with him) for the plaintiff.

Wade M. Welch (Regina L. Quinlan with him) for the defendants.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

LIACOS, J.

At issue in this appeal is whether a provision contained in the declaration of a condominium trust that permits the condominium developer to appoint two of the three members of the board of trustees,2 even though the developer owns only a small percentage of the condominium units, is invalid under G.L.c. 183A, § 10 (a). The statute provides: "Each unit owner shall have the same percentage interest in the corporation...

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