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POPPONESSET BEACH ASSN. v. MARCHILLO

No. 94-P-5.

39 Mass. App. Ct. 586 (1996)

POPPONESSET BEACH ASSOCIATION, INC. vs. C. THOMAS MARCHILLO & another.

Appeals Court of Massachusetts, Barnstable.

January 3, 1996.

Attorney(s) appearing for the Case

Jeremy M. Carter for the plaintiff.

Wesley A. Morris for James Candito.

Present: BROWN, KASS, & PORADA, JJ.

KASS, J.

No express covenant or reservation appears in the chain of title of the defendants that imposes an obligation to contribute to a planned area association. Popponesset Beach Association, Inc. ("the Association"), provides services, including the maintenance of roads, a beach, and a community building, as well as social programs such as a Fourth of July Field Day, movies, Irish Night, and a fashion show.2 For those services, the...

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