Trustees of the Cambridge Point Condominium Trust v. Cambridge Point, LLC
Massachusetts Supreme Judicial Court
88 N.E.3d 1142 (2018)
- Written by Eric Miller, JD
Facts
Cambridge Point, LLC, and others (the developers) (defendant) built a condominium in which they retained an ownership interest of at least 20 percent. The bylaws empowered the Cambridge Point Condominium Trust’s board of trustees (the trustees) (plaintiffs) to initiate legal action against unit owners on matters involving common areas and facilities. However, the bylaws prohibited the trustees from bringing litigation against any other parties without first obtaining consent from 80 percent of the condominium’s unit owners. Unit owners began complaining about water leaks. The leaks eventually caused a mold infestation. The trustees asked the developers to make the needed repairs, which had an estimated cost of at least $2 million. The developers refused. The trustees brought suit for breach of a fiduciary duty, breach of the implied warranty of habitability, fraudulent misrepresentation and concealment, negligence, and negligent misrepresentation. The developers moved for dismissal of the complaint. The superior court granted the motion. The trustees appealed to the Massachusetts Supreme Judicial Court.
Rule of Law
Issue
Holding and Reasoning (Gants, C.J.)
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