Franklin v. Spadafora

447 N.E.2d 1244 (1983)

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Nature of the Case

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Facts

Trustees as Melrose voted in 1980 to amend the bylaws of the trust to restrict to two the number of condo units which could be owned by any one person or entity. This was recorded in the Registry of Deeds. On that date, Franklin (P) owned six units in the complex. On October 17, 1980, P executed a purchase agreement from the Clarkes who owned a unit. The Clarkes informed the trustees, and they rejected their approval of the sale as a violation of the new bylaw. Clarkes then sued for declaratory relief and sold the unit to P. The judge declared the deed void and found for the trustees.