STRAUSS v. OYSTER RIVER CONDOMINIUM TRUST


417 Mass. 442 (1994)

631 N.E.2d 979

WILLIAM I. STRAUSS & others vs. OYSTER RIVER CONDOMINIUM TRUST & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1994.


Attorney(s) appearing for the Case

Richard E. Maloney, of Connecticut, for the plaintiffs.

Thomas I. Elkind (Mary B. Bejar with him) for the defendants.

Present: WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.


WILKINS, J.

In 1980, the Oyster River Condominium Trust (condominium), consisting of nine freestanding dwelling units with a common area (and a boathouse) on approximately two and two-thirds acres in Chatham, was formed by subjecting the property to G.L.c. 183A (1992 ed.). The condominium's master deed purported to authorize each unit owner, with the written approval of a majority of the trustees of the owners' association, "to construct additions to his Unit." For...

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