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Appeals court weighs condominium trust’s authority to restrict unit owner after assault at Kettlebrook Lofts
Summary
Panel heard competing views about whether the condominium trust reasonably exercised authority to bar a unit owner from common areas and levy fines after the owner struck another resident during a common-area confrontation, and whether the trust had legal authority under its rules or the condominium act to pursue such remedies.
The Appeals Court heard argument in Arslan v. Kettlebrook Lofts Condominium Trust about the trust’s authority to limit a unit owner’s use of common areas and to assess fines after an on-site assault.
Thomas Moriarty, counsel for the condominium trust, told the panel that unit owners voluntarily cede certain rights when they accept deeds and that the trust reasonably exercised powers to protect other residents after a violent, common-area incident. Moriarty cited the…
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