Blood v. Edgar's, Inc.

The plaintiffs, trustees of Katama Shores Condominium Trust, brought this action to recover unpaid common expense assessments owed by the defendant to an organization of unit owners of a condominium. G. L. c. 183A, §§ 6 & 10. Both parties appeal from the entry of summary judgment in the Superior Court. Mass.R.Civ.P. 56, 365 Mass. 825 (1974). On appeal, the defendant, found liable for the unpaid assessments, argues that it rightfully withheld payment of certain “illegal” common expense charges assessed by the plaintiffs. Although we decide that it is improper to challenge the lawfulness of a…