Moloney v. Boston Five Cents Savings Bank FSB

The plaintiffs are trustees representing the interests of unit owners in the common areas of a condominium complex in Dedham. The trustees seek declaratory, monetary, and injunctive relief to rectify perceived faults in those common areas.

The material facts are simple and are supplied by a stipulation and statement of agreed facts. In early 1987, Boston Five Cents Savings Bank FSB (Boston Five) provided a construc*432tian loan to Mother Brook Development, Inc. (Mother Brook). By late December, 1987, Mother Brook recorded a condominium deed of trust pursuant to G. L. c. 183 A, § 8 (1994 ed.). Over…