Falmouth's Cape Codder Condominium developmentThe state’s highest court has put an end to a battle between two groups of condominium owners at a Falmouth development, saying they will be bound to the same association.

The Supreme Judicial Court reaffirmed a ruling by a Land Court judge which threw out a case brought by one group of Cape Codder Condominium owners against another group. The dispute involved the expansion of the development in Falmouth. In Phase I of the project, completed in 1989, 20 units were constructed.

When the developer moved to begin Phase II of construction, which would have tripled the development’s size, the Phase I owners objected to the scope of the project. After much legal wrangling, the original developer sold their rights to the site.

Well-known Cape developer Stuart Bornstein took on the project, reaching a settlement with the owners and agreeing to trim the number and size of the new units.

Bornstein also agreed to allocate the Phase I owners a greater share in the association’s common spaces and more weight on its board. The second phase of the development was completed in 1999.

Phase II owners, unhappy with the greater influence and ownership of the Phase I owners, sued in 2004, saying that the agreement reached by the developer and the Phase I owners ought not to bind them.

Land Court Judge Gordon Piper awarded summary judgment to the Phase I owners, saying that as long as the terms of the agreement were made clear when the Phase II owners bought into the development, they had no case. The SJC affirmed that verdict Friday.

 

Judge Rules Settlement With Developer Binds Condo Owners

by Banker & Tradesman time to read: 1 min
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