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Appeals court weighs trustees' authority to assess condominium legal fees against single unit owner
Summary
Trustees of the 549-551 Boylston Street Condominium Trust asked the appeals court to allow them to assess 100% of defense costs against a single unit owner, arguing the assessment fits under chapter 183A —6(a)(2); the unit owner argues the declaration and statute require pro rata apportionment (8% in this case).
The appeals court heard argument in Trustees of 549'551 Boylston Street Condominium Trust v. Walter Chamberlain over whether trustees improperly assessed litigation and defense costs exclusively against a single unit owner.
Appellant counsel Michael Maggard told the panel the unit owner had not contested the amount of the assessment but had disputed whether the trustees could allocate the entire…
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