Kaplan v. Boudreaux

Leonard W. Kaplan, the owner of one unit of 90 Park Street Condominium (condominium), filed a complaint in Superior Court alleging that an amendment to the condominium by-laws, which allowed the owners of one unit to have the exclusive use of an area of common property, reduced his percentage interest in the common property. He contends that the amendment is invalid because it was adopted in contravention of the terms of the master deed, the condominium trust, and G. L. c. 183A, § 5 (1988 ed.). A judge in the Superior Court declared the amendment valid and granted summary judgment to the…