Firm obtains dismissal of condo lawsuit

BOSTON (Feb. 22, 2010) – Partner Robert M. Elmer and Associate Scarlett M. Rajbanshi recently persuaded the Massachusetts Superior Court to dismiss a breach of contract lawsuit against their condominium trustee clients.

A unit owner sued the condominium trustees for repair costs and temporary relocation expenses related to water damage in their unit caused by a leaking washer in an adjacent unit. However, at the hearing before the court Rajbanshi argued that the condominium bylaws unequivocally state unit owners are personally responsible for upkeep and repairs in their units.

The unit owner unsuccessfully tried to avoid this contractual obligation by asserting that the by-laws and declaration of trust of the condominium unfairly require unit owners to make repairs to their units and common areas without adequate reimbursement from the condominium’s master insurer.

Rajbanshi argued to the court that the bylaws and other condominium documents bar unit owners from suing the condominium trust over insurance disputes. The unit owner had refused to accept the insurer’s final determination of the amount it would pay on the unit owner’s claim. Furthermore, Rajbanshi pointed out to the court that the admissions contained in plaintiffs’ affidavit made clear that the property they repaired was contained within their individual unit and was not part of the common areas.

“The court didn’t buy the plaintiffs’ ‘it just isn’t fair’ argument,” Elmer said. “We are glad the court early in the case dismissed the lawsuit against our clients. Condominium arrangements in Massachusetts are controlled by bylaws and other documents, and the bylaws and master deed at issue specifically say unit owners are responsible for maintaining and repairing their individual units. All the repair work done was inside the unit and not in any common areas of the condominium.”

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Taylor Duane is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm in 2008 and 2009 as one of Rhode Island’s Best Places to Work.