Trustees of Hunters Village Condominium Trust v. Gerke

The Trustees of Hunter Village Condominium Trust (‘Trustees”) discovered that defendant Diane M. Gerke (“Gerke”), a unit owner in Hunters Village and its former property manager, had converted $39,437.53 in condominium common funds to her own personal use. The Trustees assessed the amount converted against Gerke as a condominium common expense, and filed this action to, inter alia, collect payment. Gerke, contending that the alleged misconduct could not be remedied through the use of a condominium assessment, filed a Mass. R. Civ. P., Rule 12(b)(6), motion to dismiss for failure to state a…