COMMONWEALTH OF MASSACHUSETTS 

MIDDLESEX, ss                                   SUPERIOR COURT DEPARTMENT
						CIVIL ACTION NO. 95-4563





FREDERICK AUFIERO, FREDERICK		) 
BIRD, GORDON JAMESON, DONALD		) 
KREBS, RICHARD MAZOW, HOWARD		) 
REUBENSTEIN AND JOHN M.			) 
UPDEGRAPH, JR., AS TRUSTEES OF		) 
BEDFORDSHIRE CONDOMINIUM TRUST,		)
					)
		Plaintiff,       	)	  COMPLAINT
					)
V.					)
					)
BARRY KORT,				)
					)
		Defendant		)

  1. The Plaintiffs, Frederick Aufiero, Frederick Bird, Gordon Jameson, Donald Krebs, Richard Mazow, Howard Reubenstein, and John M. Updegraph, Jr., are the Trustees of the Bedfordshire Condominium Trust (hereinafter, the "Trust") and have been specifically authorized by the Trust's By-Laws and by a voteof the majority of the Board of Trustees in a duly constituted meeting to bring this action on behalf of the Trust.

  2. The Defendant, Barry Kort (the "Defendant"), is the owner of Unit # 12 (hereinafter, the "Unit") in the Bedfordshire Condominium (hereinafter, the "Condominium") located at 12 Mitchell Grant Way, Bedford, Massachusetts by deed recorded with Middlesex South District Registry of Deeds in Book 19129, Page 553.

  3. This action is brought pursuant to M.G.L. c.183A, Section 6 and M.G.L. c.254, Section 5 and Section 5A. Plaintiff has complied with the provision of Section 6(c) of said Chapter 183A, as amended, by sending the required notices.

  4. The Bedfordshire Condominium is an organization duly created and existing under the laws of the Commonwealth of Massachusetts with its principal place of business in Bedford, Massachusetts. The Condominium Trust is a unit owners' association created pursuant to M.G.L. c. 183A to manage, maintain, protect and preserve the common areas of the Bedfordshire Condominium created by Master Deed recorded with Middlesex South District Registry of Deeds in Book 18606, Page 165, as amended.

  5. M.G.L. c.183A, Section 6, provides in pertinent part:

    1. That each unit owner shall be personally liable for all sums lawfully assessed for his share of the common expenses.

    2. Such unit owner's share of the common expenses shall constitute a lien upon his unit, enforceable and with the priority set forth in said M.G.L. c.254, Sections 5 and 5A.

  6. The By-laws of the Bedfordshire Condominium Trust and the Rules and Regulations adopted pursuant thereto provide that the amount of each common area charge shall be a personal liability of the Unit Owners, and if not paid when due, shall constitute a lien on the Unit of the Unit Owner assessed. Each Unit Owner, by acceptance of a Unit Deed, agrees to pay all costs and expenses, including reasonable attorney's fees, incurred by the Trustees in the collection of common area charges and in the enforcement of such lien.

  7. The By-Laws of Bedfordshire Condominium Trust and Rules and Regulations promulgated pursuant thereto by the Trustees provide that the Condominium Board of Trustees shall have the power to levy fines and late charges against Unit Owners for violations of rules and regulations and By-Laws of the Condominium, including, but not limited to, the non-payment of common area charges, and the collection of such fines and/or late charges as if same were common area charges.

  8. In accordance with the By-Laws and/or Rules and Regulations, the Condominium Board of Trustees have duly assessed common charges; fines and/or late charges against the Defendant in accordance with the Condominium By-Laws and Rules and Regulations.

  9. As of July 24, 1995, the Defendant was indebted to the plaintiff for unpaid common area charges, assessments, late fees, fines, attorney's fees and expenses, and interest thereon in the total amount of $1,566.25. The Defendant has failed, refused and neglected to pay said sum despite demand in writing for same.

Wherefore, the plaintiff prays that judgment be entered as follows:

  1. Judgment for the plaintiff in the amount of $1,566.25 for monetary damages and interest thereon.

  2. Judgment for the plaintiff in the amount of all unpaid common area charges, late fees, fines, attorney's fees and expenses assessed against the defendant pursuant to the condominium documents and Rules and Regulations promulgated pursuant thereto subsequent to July 24, 1995, plus interest thereon to the date the judgement is granted and the execution is obtained.

  3. An order declaring a lien against the Unit in favor of the plaintiff pursuant to the provisions of M.G.L. c.183A, Section 6 to the full extent of the plaintiff's damages as determined herein.

  4. An order authorizing the sale of the Unit pursuant to the requirements of M.G.L. c.254, Section 5 and 5A in order to satisfy the lien thereon.

  5. Such further relief as this Honorable Court shall deem just.

					BEDFORDSHIRE CONDOMINIUM TRUST
					By its Attorney,




					Michael W. Merrill
					Merrill & McGeary
					One Beacon Street, Suite 1120
					Boston Massachusetts 02108
					(617) 523-1760
					BBO# 343520
Dated: July 24, 1995