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Scott Mollen

Condominiums—Indemnification—Issue of First Impression—Relationship Among BCL, RPL and Common Law as Applied to Unincorporated Condominium Associations—BCL Does Not Apply to All Condominiums When RPL Is Silent—Indemnification and Legal Fees Denied—By-Law Provided Indemnification for Only Contract Claims—’Tusi v. Chou’ Had Been Read “Too Broadly”

The plaintiffs in this action are the board of managers (board) of an “unincorporated” condominium association and three individual owners. The individual and corporate defendants own and operate “an ale house that occupies commercial space on the first floor of the subject building.” Defendant “A” was the president of the board between 2005 and 2011.

In 2010, a fire occurred in the ale house. The fire damaged the building. Residential unit owners were unable to occupy their units for more than one year. An insurance carrier paid $1.2 million for the costs of restoration.

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