COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 95-4563
FREDERICK AUFIERO, FREDERICK )
BIRD, GORDON JAMESON, DONALD )
KREBS, RICHARD MAZOW, HOWARD )
REUBENSTEIN AND JOHN M. )
UPDEGRAPH, JR., AS TRUSTEES OF )
BEDFORDSHIRE CONDOMINIUM TRUST, )
Plaintiff, ) COMPLAINT
BARRY KORT, )
- The Plaintiffs, Frederick Aufiero, Frederick Bird, Gordon Jameson, Donald Krebs, Richard Mazow, Howard Reubenstein, and John M. Updegraph, Jr., are the Trustees of the Bedfordshire Condominium Trust (hereinafter, the "Trust") and have been specifically authorized by the Trust's By-Laws and by a voteof the majority of the Board of Trustees in a duly constituted meeting to bring this action on behalf of the Trust.
- The Defendant, Barry Kort (the "Defendant"), is the owner of Unit # 12
(hereinafter, the "Unit") in the Bedfordshire Condominium (hereinafter, the
"Condominium") located at 12 Mitchell Grant Way, Bedford, Massachusetts by deed
recorded with Middlesex South District Registry of Deeds in Book 19129, Page
- This action is brought pursuant to M.G.L. c.183A, Section 6 and M.G.L.
c.254, Section 5 and Section 5A. Plaintiff has complied with the provision of
Section 6(c) of said Chapter 183A, as amended, by sending the required
- The Bedfordshire Condominium is an organization duly created and existing
under the laws of the Commonwealth of Massachusetts with its principal place of
business in Bedford, Massachusetts. The Condominium Trust is a unit owners'
association created pursuant to M.G.L. c. 183A to manage, maintain, protect and
preserve the common areas of the Bedfordshire Condominium created by Master
Deed recorded with Middlesex South District Registry of Deeds in Book 18606,
Page 165, as amended.
- M.G.L. c.183A, Section 6, provides in pertinent part:
- That each unit owner shall be personally liable for all sums lawfully
assessed for his share of the common expenses.
- Such unit owner's share of the common expenses shall constitute a lien upon
his unit, enforceable and with the priority set forth in said M.G.L. c.254,
Sections 5 and 5A.
- The By-laws
of the Bedfordshire Condominium Trust and the Rules and Regulations adopted
pursuant thereto provide that the amount of each common area charge shall be a
personal liability of the Unit Owners, and if not paid when due, shall
constitute a lien on the Unit of the Unit Owner assessed. Each Unit Owner, by
acceptance of a Unit Deed, agrees to pay all costs and expenses, including
reasonable attorney's fees, incurred by the Trustees in the collection of
common area charges and in the enforcement of such lien.
- The By-Laws
of Bedfordshire Condominium Trust and Rules and Regulations promulgated
pursuant thereto by the Trustees provide that the Condominium Board of Trustees
shall have the power to levy fines and late charges against Unit Owners for
violations of rules and regulations and By-Laws
of the Condominium, including, but not limited to, the non-payment
of common area charges, and the collection of such fines and/or late charges as
if same were common area charges.
- In accordance with the By-Laws
and/or Rules and Regulations, the Condominium Board of Trustees have duly
assessed common charges; fines and/or late charges against the Defendant in
accordance with the Condominium By-Laws
and Rules and Regulations.
- As of July 24, 1995, the Defendant was indebted to the plaintiff for unpaid
common area charges, assessments, late fees, fines, attorney's fees and
expenses, and interest thereon in the total amount of $1,566.25. The Defendant
has failed, refused and neglected to pay said sum despite demand in writing for
Wherefore, the plaintiff prays that judgment be entered as follows:
- Judgment for the plaintiff in the amount of $1,566.25 for monetary damages
and interest thereon.
- Judgment for the plaintiff in the amount of all unpaid common area charges,
late fees, fines, attorney's fees and expenses assessed against the defendant
pursuant to the condominium documents and Rules and Regulations promulgated
pursuant thereto subsequent to July 24, 1995, plus interest thereon to the date
the judgement is granted and the execution is obtained.
- An order declaring a lien against the Unit in favor of the plaintiff
pursuant to the provisions of M.G.L. c.183A, Section 6 to the full extent of
the plaintiff's damages as determined herein.
- An order authorizing the sale of the Unit pursuant to the requirements of
M.G.L. c.254, Section 5 and 5A in order to satisfy the lien thereon.
- Such further relief as this Honorable Court shall deem just.
BEDFORDSHIRE CONDOMINIUM TRUST
By its Attorney,
Michael W. Merrill
Merrill & McGeary
One Beacon Street, Suite 1120
Boston Massachusetts 02108
Dated: July 24, 1995
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