KAPLAN v. BOUDREAUX


410 Mass. 435 (1991)

573 N.E.2d 495

LEONARD W. KAPLAN vs. JAMES L. BOUDREAUX & others, trustees, & another.

Supreme Judicial Court of Massachusetts, Norfolk.

June 18, 1991.


Attorney(s) appearing for the Case

Roger S. Davis for the plaintiff.

Robert J. Baum (Edward R. Wiest with him) for the defendants.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.


ABRAMS, J.

Leonard W. Kaplan, the owner of one unit of 90 Park Street Condominium (condominium), filed a complaint in Superior Court alleging that an amendment to the condominium by-laws, which allowed the owners of one unit to have the exclusive use of an area of common property, reduced his percentage interest in the common property. He contends that the amendment is invalid because it was adopted in contravention of the terms of the master deed, the condominium...

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