FRANKLIN V. SPADAFORA
447 N.E.2d 1244 (1983)
NATURE OF THE CASE: This was a dispute over a trust by law provision that limited
ownership of condos to two units in the Melrose Towers.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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