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Calvao, et al. v. Raspallo (Lawyers Weekly No. 11-128-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   16-P-1143                                       Appeals Court   MANUEL J. CALVAO & another[1]  vs.  KATHLEEN E. RASPALLO.     No. 16-P-1143.   Barnstable.     May 31, 2017. – September 29, 2017.   Present:  Green, Wolohojian, & Ditkoff, JJ.     Condominiums, Common area, Master deed.  Real Property, Condominium, Restrictions.  Practice, Civil, Summary judgment.     Civil action commenced in the Superior Court Department on December 14, 2011.   The case was heard by Christopher J. Muse, J., on a motion for summary judgment, and a motion for equitable relief, assessment of damages, and entry of final judgment was heard by him.     Peter S. Farber for the defendant. Brian J. Wall for the plaintiffs.     DITKOFF, J.  The defendant, Kathleen Raspallo, appeals from a Superior Court judgment requiring her, inter alia, to remove an addition she constructed on condominium common area assigned to the exclusive use of her unit.  Construing G. L. c. 183A, § 5, we determine that a unit owner may not annex exclusive use common area[2] to her unit without the unanimous consent of the other unit owners holding a legal interest in that common area.  Discerning no error in the judge’s other conclusions, we affirm. Background.  We summarize the relevant facts of this case as presented to the judge on motion for summary judgment and the subsequent equitable relief hearing.  The Tall Pines Condominium in the town of Dennis consists of two units separated by approximately thirty-two feet.  Manuel and Brenda Calvao own unit 1, and Kathleen Raspallo owns unit 2, which she has used as her full-time residence since she purchased it in 2003.  The vast majority of the common area is designated for the exclusive use of one or the other unit.  The master deed grants unit 1 forty-six percent of the beneficial interest in the condominium and unit 2 fifty-four percent of the beneficial interest. In 2011, Raspallo began renovations on her unit, which included an approximately 111 square foot addition built on common area designated for her exclusive use.  In order to acquire the necessary permits from the town, Raspallo had the condominium developer, Robert David, who was the sole condominium trustee, unilaterally appoint Raspallo as the sole trustee.  Despite the Calvaos’ objections, Raspallo obtained the permits and completed renovations in 2012.  The Calvaos promptly filed the present action in Superior Court, both on their own behalf and derivatively […]

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Posted by Massachusetts Legal Resources - September 29, 2017 at 5:25 pm

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