Preview
ee a
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
CIVIL ACTION NO: S48) ey \H33
)
TRUSTEES OF THE WILLIAMSBURG
PARK CONDOMINIUM
V.
PLAINTIFFS
)
)
)
[3
) COMPLAINT
ABLE BUSINESS CONCEPT, LLC )
DEFENDANT )
INTHE OF HEE OF THE
)
FOR THE COUNTY OF MIDDLESEX
MAY 30 2024
PRELIMINARY STATEMENT ae CLERK
This is an action brought by the organization of unit owners of a condominium (a) pursu-
ant to GL. c, 183A, § 6(b) against the unit owner[s] for unpaid common expenses; and
(b) pursuant to G.L. c. 183A, §§ 6(a) and 6(c) and GL. c. 254, §§ 5 and 5A, to establish
and enforce a lien for these unpaid common expenses. This action further seeks a deter-
mination of the priority of the unit owner organization’s lien under G.L. c. 183A, § 6(c).
PARTIES
The Plaintiffs, the Trustees of the Williamsburg Park Condominium are the duly elect-
ed/appointed members of the governing body of the Williamsburg Park Condominium
Trust under a Declaration of Trust created and recorded with the Middlesex North Regis-
try of Deeds. Said Condominium Trust is the Unit Owners Association organized pursu-
ant to the provisions of Massachusetts General Laws, Chapter 183A. Williamsburg Park
Condominium is a residential condominium located in Tewksbury, Middlesex County,
Massachusetts. Said Condominium was created by Master Deed dated December 11,
1986, and recorded with the Middlesex North Registry of Deeds in Book 03824, Page 6.
Page | of 4
The mailing address of the Condominium Trust is c/o Silva Associates, 1215 Main Street
#121, Tewksbury, MA 01876. Plaintiffs bring this action pursuant to their powers in the
said Declaration of Trust of the Condominium and in GL. c. 183A, § 10(b)(4). Addi-
tionally, they bring this action on behalf of all other parties in interest pursuant to
GL. c, 254, § 5.
Able Business Concept, LLC (hereinafter “Defendant’) is the owner of Unit #212, 170
Old Main Street, Tewksbury, MA 01876 in the Williamsburg Park Condominium ac-
quired by Deed duly executed, sealed, acknowledged, and delivered, dated November 28,
2023, and recorded in the Middlesex North Registry of Deeds in Book 38254, Page 272.
The Defendant’s address is 21 Drabbington Way, Weston, MA 02493
FACTS
Pursuant to G.L. c. 183A, § 6 and the applicable provisions of the Condominium’s docu-
ments, the Defendant has been duly assessed common expenses and charges from De-
cember 1, 2023 to May 15, 2024, in the amount of $2,384.70 (hereinafter “common ex-
penses”), which have not been paid when due. (See Attached Exhibit A)
Interest and late fees have been charged for these overdue payments of common expenses
pursuant to G.L. c. 183A, § 6(a) and the applicable provisions of the Condominium’s
documents, and the Defendant is liable for attorneys’ fees and costs incurred by the Plain-
tiffs in pursuing this matter in accordance with said provisions.
Pursuant to G.L. c. 183A, § 6(c), the Plaintiffs did give the Defendant notice by certified
and first class mail of the aforesaid delinquency, such delinquency having existed for at
least sixty days. (See Attached Exhibit B)
Page 2 of 4
(CAUSES OF ACTION)
COUNT 1—AGAINST THE DEFENDANT PERSONALLY
The Defendant is, pursuant to G.L. c, 183A, § 6(b), and the applicable provisions of the
Condominium’s documents, indebted to the Plaintiffs for the amount of unpaid common
expenses, interest, late fees, attorneys’ fees and, collection costs as above stated and as
such may additionally accrue hereafter.
COUNT H—AGAINST THE UNIT
Pursuant to the provisions of G.L. c. 183A, §§ 6(a) and 6(c), said arrearage in common
expenses, with interest, late fees, attorney fees, and collection costs as aforesaid, and such
as may additionally accrue hereafter, constitute a lien upon the Unit.
COUNT III—ESTABLISHING THE PRIORITY OF THE LIEN
Pursuant to the provisions of G.L. c. 183A, § 6(c), the lien on the Unit has priority over
all other liens and encumbrances except (a) liens and encumbrances recorded prior to the
recording of the aforesaid Master Deed, (b) liens for real estate taxes and other municipal
assessments or charges, and (c) any first mortgage of record; provided, however, that as
to the first mortgage of record the Plaintiffs’ lien is prior thereto to the extent of monthly
common expense assessments which became due during the six months prior to the insti-
tution of this action plus all attorneys’ fees and collection costs incurred by the Plaintiffs
in the enforcement thereof.
PRAYER
—
WHEREFORE the Plaintiffs pray that this Honorable Court:
1 Find that the Defendant is indebted to the Plaintiffs for the amount of unpaid common
expenses, interest, late fees, attorney fees and collection costs as may be found.
2 Declare that there is a lien upon the Unit in the amount of the debt as found.
3 Declare that the lien is entitled to the priority as provided for by law.
Page 3 of 4
Order the sale of the Unit to satisfy the declared lien.
Grant possession of the Unit as a part of said sale.
Grant such other relief as may be just and proper.
Respectfully submitted,
WILLIAMS ARK CONDOMINIUM
By its mey,
pas? 1h
Paul M. King
BBO #654440
Law Office of Paul M. King
1501 Main Street, Unit 13
Tewksbury, MA 01876
(978) 851-5145
Page 4 of 4
EXHIBIT A
SILVA ASSOCIATES Statement
1215 MAIN STREET, UNIT 121
TEWKSBURY, MA 01876 Account: williams - 212 - 212abl
Date: 05/22/24
ABLE BUSINESS CONCEPT, LLC Payment:
21 DRABBINGTON WAY
WESTERN, MA 02493
<+
Date Description Charges Payments Balance
Balance Forward 0.00
12/01/23 Condo Fee (12/2023) 236.94 236.94
12/15/23 15 Day Late Fee December 2023 10.00 246.94
01/01/24 Condo Fee (01/2024) 400.67 647.61
01/15/24 15 Day Late Fee January 2024 10.00 657.61
02/01/24 Condo Fee (02/2024: 400.67 1,058.28
02/16/24 15 Day Late Fee February 2024 10.00 1,068.28
03/01/24 Condo Fee (03/2024) 400.67 1,468.95
03/15/24 15 Day Late Fee March 2024 10.00 1,478.95
03/28/24 3/24 Attorney King Legal Fees 84.44 1,563.36
04/01/24 Condo Fee (04/2024) 400.67 1,964.03
04/15/24 15 Day Late Fee April 2024 10.00 1,974.03
05/01/24 Condo Fee (05/2024) 400.67 2,374.70
05/15/24 15 Day Late Fee May 2024 10.00 ecteT0
2's
Current 30 Days 60 Days 90 Days Arroinié Due
410.67 495.08 410.67 1,068.28 2,384.70
1 en ee ee
EXHIBIT B
Law Office of Paul M. King, PC
1501 Main Street, Unit 13
Tewksbury, MA, 01876
(978) 851-5145
Paul M. King, Esquire
Licensed in M4, NH & ME
Open Monday to Friday
9:00 A.M. — 5:00 P.M.
Via First Class U.S. Mail Postage Prepaid, and
By Certified Mail Return Receipt
No.: 7022 2410 0003 5009 8489
March 25, 2024
Able Business Concept, LLC
21 Drabbington Way
Weston, MA 02493
RE: Notice of Delinquency Pursuant to Massachusetts
General Laws, Chapter 183A, Section 6
170 Old Main Street, Unit 212, Williamsburg Park Condominium,
Tewksbury, MA 01876
Dear Able Business Concept, LLC:
This Notice is being provided to you in compliance with the Massachusetts Condo
the Condominium’. $ records as of March 21, 2024, (copy of minium Act as
account ledger enclosed) indicate
that you are deling uent in meeting your financial obligations to Williamsburg
um. Certain of th ose amounts are at least sixty days overdue, Park Condomini-
As of March 21, 2024, you owed $1,478.95. Since March
21, 2024, an additional amount of ap-
proximately $84.89 is owed for attorney fees and
costs. The total amount owed now is
$1,563.84.
The Massachusetts Condominium Act provides, among other
the Condominium’s coll lection costs, including its attorne things, that you are responsible for
y’s fees. Therefore, the amount stated in
this letter includes thos ‘© costs which the Condominiu
ter.
m has incurred through the date of this let-
Because of common expense assessments , interest,
late fees, and other charges which may be-
come due, including additional attorne 'y’s fees
and costs, the amount due on the day you pay may
be greater than this stated amount, Gi ven this,
you may contact the property manager to obtain an
updated balance.
Page Two
This Notice is being provided to you in accordance with the Massachusetts Condominium Act on
behalf of the Condominium in its efforts to enforce your financial obligations and the lien on
your unit securing those obligations. You should be aware that this law provides that your Mort-
gage Lender, if any, be given notice of your delinquency, and that the Condominium may file a
lawsuit against you to establish your debt and enforce its li en,
If you wish to propose a payment plan, it must be in writing, faxed or mailed immediately to the
undersigned.
If you have any questions, please do not hesitate to call us.
NOTICE OF IMPORTANT RIGHTS
Pursuant to the Federal Fair Debt Collection Practices Act (“FDCP Act”), a consumer debtor
is required to be sent the following notice: (1) unless the consumer, within thirty (30) days af-
ter receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will
be
assumed to be valid by the debt collecto: 1; (2) if the consumer notifies the debt collector, i:
writing, within the th int ty (30) day period that the debt or any portion thereof is disputed, the
debt coll lector will obtain ver. ification of the debt or a copy of the judgment against the con-
sumer, A c ‘opy of such verification or judgment will then be mailed to the consumer by the
debt collec tor prior to any further collection efforts; and (3) upon the consumer’s request,
in
writing, within the thirty (30) day period, the debt collector will provide the consumer with the
name and address of the original creditor, if different from the
current creditor. Said infor-
mation will then be mailed to the consumer by the debt collector prior to any further
collection
efforts.
If the Federal Fair Debt Collection Practices Act applies then,
to the extent it applies, The Law
Office of Paul M. King PC is acting as a debt collector for the
creditor named above to collect
the debt referenced above. Any information obtained will be used for that
purpose, A debtor
has the right to seek advice of I ‘al counsel.
eS
Sine
ul M. King, Esq.
Ce: Silva Associates
Page Three of Three
*-. a enereweeeen: ere
e ears a
How do you want to respond?
Check all that apply:
Mail this form to: OI want to dispute the debt because I think:
Law Office of Paul M. King, P.C.
1501 Main Street, Unit 13 O This is not my debt.
Tewksbury, MA. 01876 O The amount is wrong.
O Other (please describe on reverse or attach
additional information).
OI want you to send me the name and
Address of the original creditor.
O 1 enclosed this amount: $
Make your check payable to:
Williamsburg Park Condominium
c/o Silva Associates
1215 Main Street
Unit 121
Tewksbury, AM 01876
0 Quiero este formulario en espafio
Able Business Concept, LLC
21 Drabbington Way
Weston, MA 02493
Property: 170 Old Main Street, Unit 212, Wi illiamsburg Park Condominium,
Tewksbury, MA
01 6
USHERS sat iris
r
sa a i
20 BLUUESIonEM On
iir
i ee
Do MICK eee
|a
=O
(Certified Mal Fee 4440
IAL USE
nh 0876
pian Sits 8
Cota oy hay) NU
| | Creum
fy
| © | Deoetteva Dshey$,
|oO Apa
Rested Devry § tit \
lare a 8
ue and Fees
/ ©
03/25/2024
fo
Ds. ON = ol
by
S eeteeneeteseeseer
OND
SUE eee
e Sigees en
cio pcnesancnnn
eT "Retail U.S, POSTAGE PAID
a | || |
Law Office of Paul M. King, PC
|
FCM LETTER
4501 Main Street, Unit 13 2 TEWKSBURY, MA 01876
Tewksbury, MA 01876 MAR 25, 2024
02493
$8.73
Mee 2440 O03 5009 8489
RDC99 R2304H108552-08
We
Able Business Concept, LLC
21 Drabbington Way
Weston, MA 02493
oge4/15/24
Pele
NIXIE O15 FE 1
RETURN TQ SENDER E eee
NOT DELIVERABLE AS ADDR bast
RWARD
sith) not
ALTE BC: 01876208413 *2621- o42i1- ~25- 41
leet jah) sty it Hi Hi pletely,
ie Sai Said
ia ise:
Preview
ee a COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT CIVIL ACTION NO: S48) ey \H33 ) TRUSTEES OF THE WILLIAMSBURG PARK CONDOMINIUM V. PLAINTIFFS ) ) ) [3 ) COMPLAINT ABLE BUSINESS CONCEPT, LLC ) DEFENDANT ) INTHE OF HEE OF THE ) FOR THE COUNTY OF MIDDLESEX MAY 30 2024 PRELIMINARY STATEMENT ae CLERK This is an action brought by the organization of unit owners of a condominium (a) pursu- ant to GL. c, 183A, § 6(b) against the unit owner[s] for unpaid common expenses; and (b) pursuant to G.L. c. 183A, §§ 6(a) and 6(c) and GL. c. 254, §§ 5 and 5A, to establish and enforce a lien for these unpaid common expenses. This action further seeks a deter- mination of the priority of the unit owner organization’s lien under G.L. c. 183A, § 6(c). PARTIES The Plaintiffs, the Trustees of the Williamsburg Park Condominium are the duly elect- ed/appointed members of the governing body of the Williamsburg Park Condominium Trust under a Declaration of Trust created and recorded with the Middlesex North Regis- try of Deeds. Said Condominium Trust is the Unit Owners Association organized pursu- ant to the provisions of Massachusetts General Laws, Chapter 183A. Williamsburg Park Condominium is a residential condominium located in Tewksbury, Middlesex County, Massachusetts. Said Condominium was created by Master Deed dated December 11, 1986, and recorded with the Middlesex North Registry of Deeds in Book 03824, Page 6. Page | of 4 The mailing address of the Condominium Trust is c/o Silva Associates, 1215 Main Street #121, Tewksbury, MA 01876. Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the Condominium and in GL. c. 183A, § 10(b)(4). Addi- tionally, they bring this action on behalf of all other parties in interest pursuant to GL. c, 254, § 5. Able Business Concept, LLC (hereinafter “Defendant’) is the owner of Unit #212, 170 Old Main Street, Tewksbury, MA 01876 in the Williamsburg Park Condominium ac- quired by Deed duly executed, sealed, acknowledged, and delivered, dated November 28, 2023, and recorded in the Middlesex North Registry of Deeds in Book 38254, Page 272. The Defendant’s address is 21 Drabbington Way, Weston, MA 02493 FACTS Pursuant to G.L. c. 183A, § 6 and the applicable provisions of the Condominium’s docu- ments, the Defendant has been duly assessed common expenses and charges from De- cember 1, 2023 to May 15, 2024, in the amount of $2,384.70 (hereinafter “common ex- penses”), which have not been paid when due. (See Attached Exhibit A) Interest and late fees have been charged for these overdue payments of common expenses pursuant to G.L. c. 183A, § 6(a) and the applicable provisions of the Condominium’s documents, and the Defendant is liable for attorneys’ fees and costs incurred by the Plain- tiffs in pursuing this matter in accordance with said provisions. Pursuant to G.L. c. 183A, § 6(c), the Plaintiffs did give the Defendant notice by certified and first class mail of the aforesaid delinquency, such delinquency having existed for at least sixty days. (See Attached Exhibit B) Page 2 of 4 (CAUSES OF ACTION) COUNT 1—AGAINST THE DEFENDANT PERSONALLY The Defendant is, pursuant to G.L. c, 183A, § 6(b), and the applicable provisions of the Condominium’s documents, indebted to the Plaintiffs for the amount of unpaid common expenses, interest, late fees, attorneys’ fees and, collection costs as above stated and as such may additionally accrue hereafter. COUNT H—AGAINST THE UNIT Pursuant to the provisions of G.L. c. 183A, §§ 6(a) and 6(c), said arrearage in common expenses, with interest, late fees, attorney fees, and collection costs as aforesaid, and such as may additionally accrue hereafter, constitute a lien upon the Unit. COUNT III—ESTABLISHING THE PRIORITY OF THE LIEN Pursuant to the provisions of G.L. c. 183A, § 6(c), the lien on the Unit has priority over all other liens and encumbrances except (a) liens and encumbrances recorded prior to the recording of the aforesaid Master Deed, (b) liens for real estate taxes and other municipal assessments or charges, and (c) any first mortgage of record; provided, however, that as to the first mortgage of record the Plaintiffs’ lien is prior thereto to the extent of monthly common expense assessments which became due during the six months prior to the insti- tution of this action plus all attorneys’ fees and collection costs incurred by the Plaintiffs in the enforcement thereof. PRAYER — WHEREFORE the Plaintiffs pray that this Honorable Court: 1 Find that the Defendant is indebted to the Plaintiffs for the amount of unpaid common expenses, interest, late fees, attorney fees and collection costs as may be found. 2 Declare that there is a lien upon the Unit in the amount of the debt as found. 3 Declare that the lien is entitled to the priority as provided for by law. Page 3 of 4 Order the sale of the Unit to satisfy the declared lien. Grant possession of the Unit as a part of said sale. Grant such other relief as may be just and proper. Respectfully submitted, WILLIAMS ARK CONDOMINIUM By its mey, pas? 1h Paul M. King BBO #654440 Law Office of Paul M. King 1501 Main Street, Unit 13 Tewksbury, MA 01876 (978) 851-5145 Page 4 of 4 EXHIBIT A SILVA ASSOCIATES Statement 1215 MAIN STREET, UNIT 121 TEWKSBURY, MA 01876 Account: williams - 212 - 212abl Date: 05/22/24 ABLE BUSINESS CONCEPT, LLC Payment: 21 DRABBINGTON WAY WESTERN, MA 02493 <+ Date Description Charges Payments Balance Balance Forward 0.00 12/01/23 Condo Fee (12/2023) 236.94 236.94 12/15/23 15 Day Late Fee December 2023 10.00 246.94 01/01/24 Condo Fee (01/2024) 400.67 647.61 01/15/24 15 Day Late Fee January 2024 10.00 657.61 02/01/24 Condo Fee (02/2024: 400.67 1,058.28 02/16/24 15 Day Late Fee February 2024 10.00 1,068.28 03/01/24 Condo Fee (03/2024) 400.67 1,468.95 03/15/24 15 Day Late Fee March 2024 10.00 1,478.95 03/28/24 3/24 Attorney King Legal Fees 84.44 1,563.36 04/01/24 Condo Fee (04/2024) 400.67 1,964.03 04/15/24 15 Day Late Fee April 2024 10.00 1,974.03 05/01/24 Condo Fee (05/2024) 400.67 2,374.70 05/15/24 15 Day Late Fee May 2024 10.00 ecteT0 2's Current 30 Days 60 Days 90 Days Arroinié Due 410.67 495.08 410.67 1,068.28 2,384.70 1 en ee ee EXHIBIT B Law Office of Paul M. King, PC 1501 Main Street, Unit 13 Tewksbury, MA, 01876 (978) 851-5145 Paul M. King, Esquire Licensed in M4, NH & ME Open Monday to Friday 9:00 A.M. — 5:00 P.M. Via First Class U.S. Mail Postage Prepaid, and By Certified Mail Return Receipt No.: 7022 2410 0003 5009 8489 March 25, 2024 Able Business Concept, LLC 21 Drabbington Way Weston, MA 02493 RE: Notice of Delinquency Pursuant to Massachusetts General Laws, Chapter 183A, Section 6 170 Old Main Street, Unit 212, Williamsburg Park Condominium, Tewksbury, MA 01876 Dear Able Business Concept, LLC: This Notice is being provided to you in compliance with the Massachusetts Condo the Condominium’. $ records as of March 21, 2024, (copy of minium Act as account ledger enclosed) indicate that you are deling uent in meeting your financial obligations to Williamsburg um. Certain of th ose amounts are at least sixty days overdue, Park Condomini- As of March 21, 2024, you owed $1,478.95. Since March 21, 2024, an additional amount of ap- proximately $84.89 is owed for attorney fees and costs. The total amount owed now is $1,563.84. The Massachusetts Condominium Act provides, among other the Condominium’s coll lection costs, including its attorne things, that you are responsible for y’s fees. Therefore, the amount stated in this letter includes thos ‘© costs which the Condominiu ter. m has incurred through the date of this let- Because of common expense assessments , interest, late fees, and other charges which may be- come due, including additional attorne 'y’s fees and costs, the amount due on the day you pay may be greater than this stated amount, Gi ven this, you may contact the property manager to obtain an updated balance. Page Two This Notice is being provided to you in accordance with the Massachusetts Condominium Act on behalf of the Condominium in its efforts to enforce your financial obligations and the lien on your unit securing those obligations. You should be aware that this law provides that your Mort- gage Lender, if any, be given notice of your delinquency, and that the Condominium may file a lawsuit against you to establish your debt and enforce its li en, If you wish to propose a payment plan, it must be in writing, faxed or mailed immediately to the undersigned. If you have any questions, please do not hesitate to call us. NOTICE OF IMPORTANT RIGHTS Pursuant to the Federal Fair Debt Collection Practices Act (“FDCP Act”), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days af- ter receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collecto: 1; (2) if the consumer notifies the debt collector, i: writing, within the th int ty (30) day period that the debt or any portion thereof is disputed, the debt coll lector will obtain ver. ification of the debt or a copy of the judgment against the con- sumer, A c ‘opy of such verification or judgment will then be mailed to the consumer by the debt collec tor prior to any further collection efforts; and (3) upon the consumer’s request, in writing, within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Said infor- mation will then be mailed to the consumer by the debt collector prior to any further collection efforts. If the Federal Fair Debt Collection Practices Act applies then, to the extent it applies, The Law Office of Paul M. King PC is acting as a debt collector for the creditor named above to collect the debt referenced above. Any information obtained will be used for that purpose, A debtor has the right to seek advice of I ‘al counsel. eS Sine ul M. King, Esq. Ce: Silva Associates Page Three of Three *-. a enereweeeen: ere e ears a How do you want to respond? Check all that apply: Mail this form to: OI want to dispute the debt because I think: Law Office of Paul M. King, P.C. 1501 Main Street, Unit 13 O This is not my debt. Tewksbury, MA. 01876 O The amount is wrong. O Other (please describe on reverse or attach additional information). OI want you to send me the name and Address of the original creditor. O 1 enclosed this amount: $ Make your check payable to: Williamsburg Park Condominium c/o Silva Associates 1215 Main Street Unit 121 Tewksbury, AM 01876 0 Quiero este formulario en espafio Able Business Concept, LLC 21 Drabbington Way Weston, MA 02493 Property: 170 Old Main Street, Unit 212, Wi illiamsburg Park Condominium, Tewksbury, MA 01 6 USHERS sat iris r sa a i 20 BLUUESIonEM On iir i ee Do MICK eee |a =O (Certified Mal Fee 4440 IAL USE nh 0876 pian Sits 8 Cota oy hay) NU | | Creum fy | © | Deoetteva Dshey$, |oO Apa Rested Devry § tit \ lare a 8 ue and Fees / © 03/25/2024 fo Ds. ON = ol by S eeteeneeteseeseer OND SUE eee e Sigees en cio pcnesancnnn eT "Retail U.S, POSTAGE PAID a | || | Law Office of Paul M. King, PC | FCM LETTER 4501 Main Street, Unit 13 2 TEWKSBURY, MA 01876 Tewksbury, MA 01876 MAR 25, 2024 02493 $8.73 Mee 2440 O03 5009 8489 RDC99 R2304H108552-08 We Able Business Concept, LLC 21 Drabbington Way Weston, MA 02493 oge4/15/24 Pele NIXIE O15 FE 1 RETURN TQ SENDER E eee NOT DELIVERABLE AS ADDR bast RWARD sith) not ALTE BC: 01876208413 *2621- o42i1- ~25- 41 leet jah) sty it Hi Hi pletely, ie Sai Said ia ise: