Tosney v. Chelmsford Village Condominium Association

The issue before the court is whether the Massachusetts condominium statute, G. L. c. 183A, §§ 1 et seq. (1984 ed. & Supp. 1986), permits the establishment of “limited” common area charges, to fewer than all the owners, and, if so, whether the establishment of such limited common area charges must be made by an amendment to the master deed or whether charges can be assessed pursuant to a recorded agreement between the condominium developer and the condominium association. The parties have agreed that there are no genuine issues of material fact.

The original developer of Chelmsford Village…