COMMONWEALTH OF MASSACHUSETTS


MIDDLESEX, ss				SUPERIOR COURT DEPARTMENT
					NO. 95-4563




FREDERICK AUFIERO ET ALS,	)
TRUSTEES OF BEDFORDSHIRE 	)
CONDOMINIUM TRUST,		)
              Plaintiffs	)	JOINT PRE-TRIAL
				)	MEMORANDUM
v.				)
				)
BARRY KORT,			)
              Defendant		)



    1. Agreed Upon Issues of Fact

    Plaintiffs are Trustees of Bedfordshire Condominium Trust, the
organization of Unit Owners established to manage and maintain the common
areas of Bedfordshire Condominium (the "Condominium") located in Bedford,
Massachusetts.  Defendant, Barry Kort, is the owner of Unit 12 (the "Unit")
of the Condominium located at 12 Mitchell Grant Way, Bedford,
Massachusetts.  Defendant has withheld payment of a portion of common
charges assessed against the Unit by the plaintiffs, resulting in the
filing of this action by the plaintiffs to collect said unpaid common
charges.   The portion of withheld common charges, approximately 15%, are
for the budgeted operation and maintenance of a golf course upon 2 parcels
of land known as the Common Open Space and the Conservation Area.

    2.  What the Evidence is Expected to Show

    Plaintiffs expect the evidence will show that they properly assessed
common charges against the Unit, that defendant has refused and failed to
make in payment in full, that defendant has no right to withhold payment,
and that plaintiffs have incurred reasonable costs and expenses in their
efforts to collect said common charges for which defendant is liable.

    Defendant expects the evidence to show that the plaintiff Trustees
illegally assessed and expended common charges for the purpose of operating
and maintaining an unapproved golf course not defined in the Site Plan or
Master Deed, not approved by the Planning Board, and situated in part upon
Conservation Lands not owned by the Condominium Association.

    3.  Suggested Description of the Case for Reading to the Jury

    This is an action filed by the Trustees of Bedfordshire Condominium
Trust (the "Trust") against defendant Barry Kort, a unit owner of the
Condominium, to collect unpaid common charges assessed against his Unit.
If the plaintiffs assessed the charges for expenses related to the proper
maintenance, repair and replacement of the common areas of the Condominium,
according to defendant's undivided percentage interest in the Condominium
in conformance with the provisions of the Trust's Charter and Bylaws and in
conformance with applicable law, then defendant is liable for the payment
of such charges.  If the charges were properly assessed, defendant has no
legal right to withhold payment and is also liable for all costs of
collection incurred by the plaintiffs, including reasonable attorney's fees.

    If the plaintiff Trustees exceeded their duly constituted authority by
assessing and expending common charges for the operation and maintenance of
an unapproved facility not defined in the Condominium Charter Documents,
then defendant is not liable.
If the plaintiff Trustees assessed and expended common charges for the
operation of a facility situated in part upon public Conservation Lands not
owned by the Condominium Association, then defendant is not liable.
Moreover, if the plaintiff Trustees willfully breached the trust, then the
Trustees may be held personally liable for restitution to the defendant and
to other Unit Owners.

            4.  Statement of All Unusual Legal Issues

        There are at least 6 legally binding documents governing this case.
They include MGL 183 and MGL 400 which together spell out applicable
Condominium Law; The Wetlands Protection Act; the Bedford Conservation
Bylaws,; the Decision of the Bedford Planning Board to approve the Special
Permit for the Planned Residential Community of Bedfordshire; and the
restrictive Covenants upon the Common Open Space and adjoining Conservation
Lands.

        5.  Witnesses

    a.  Pat Carney, former Managing Agent of the Plaintiffs, c/o Mor
Management Corp., 74 Bedford Street, Lexington, MA 02173.

    b.  Present and Past Trustees of the Condominium Trust, including, but
not limited to, the following, Frederick Aufiero, Frederick Bird, Gordon
Jameson, Donald Krebs, Richard Mazow, Howard Rubenstein, Roger Walker, John
Abbott, and John Updegraph.  All of said Trustees have a mailing address of
47 Mitchell Grant Way, Bedford MA 01730.

    c.  Other witnesses who are undetermined at this time may be called.

        6.  Expert Witnesses

        Not yet determined

        7.  Estimated Length of Trial

        One (1) day



     Dated:  October 1, 1996


TRUSTEES OF BEDFORDSHIRE		Barry Kort, pro se
CONDOMINIUM TRUST, 			12 Mitchell Grant Way
					Bedford, MA 01730
					275-4468
By their attorney,


 Michael W. Merrill
 One Beacon Street
 Boston, MA  02108
 523-1760