Kessler v. Harrington

Macdonald, D. Lloyd, J.

Before the Court is the complaint of the plaintiff trustees of the One Chestnut Condominium Trust (the “Condominium” or “One Chestnut”) seeking equitable and statutory relief pursuant to G.L.c. 183A. The case was brought against the defendant unit owner for failing to provide access to the trustees’ contractors for purposes of inspecting and remediating an allegedly dangerous condition arising from the circumstance that the defendant’s fireplace shares a common flue with that of the furnace that heats all units in the Condominium. The interior wall of the chimney flue…