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TOSNEY v. CHELMSFORD VILLAGE CONDOMINIUM ASSOCIATION

397 Mass. 683 (1986)

493 N.E.2d 488

JOSEPH A. TOSNEY, THIRD, & another vs. CHELMSFORD VILLAGE CONDOMINIUM ASSOCIATION & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 2, 1986.

Attorney(s) appearing for the Case

Gerald F. Moore for the plaintiffs.

James M. Bolton for the defendants.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

NOLAN, J.

The issue before the court is whether the Massachusetts condominium statute, G.L.c. 183A, §§ 1 et seq. (1984 ed. & Supp. 1986), permits the establishment of "limited" common area charges, to fewer than all the owners, and, if so, whether the establishment of such limited common area charges must be made by an amendment to the master deed or whether charges can be assessed pursuant to a recorded agreement between the condominium developer and...

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