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FOILED
JUL U5 2018 COMMONWEALTH OF MASSACHUSETTS
WW
“rR ETE SS. SUPERIOR COURT DEPARTMENT
CLERK CIVIL ACTION NO. ISWOCY IDS
TRUSTEES OF THE GREEN AT SHREWSBURY)
CONDOMINIUM TRUST (a/k/a BRANDYWINE )
CONDOMINIUM TRUST), )
Plaintiffs )
)
vs.
) COMPLAINT
LALITHA SHANKAR, )
Defendant )
)
PRELIMINARY STATEMENT
1 This is an in rem action brought by the organization of unit owners of a
condominium (a) pursuant to M.G.L. c. 183A, ss. 6(a) and 6(c) and c. 254, ss. 5 and 5A,
to establish and enforce a lien for unpaid common expenses. This action further seeks a
determination of the priority of the unit owner organization’s lien under M.G.L. c. 183A,
s. 6(c).
PARTIES
2 ' The Plaintiffs, the Trustees of the Green at Shrewsbury Condominium Trust (a/k/a
Brandywine Condominium Trust) (hereinafter referred to as the “Organization of Unit
Owners”), are the duly elected/appointed members of the governing body of the Green at
Shrewsbury Condominium Trust (a/k/a Brandywine Condominium Trust) under a
Declaration of Trust dated December 15, 1986, and recorded with the Worcester County
Registry of Deeds (hereinafter referred to as “Registry of Deeds”) in Book 10416, Page
222, which Organization of Unit Owners is the organization of unit owners of the Green
at Shrewsbury Condominium (a/k/a Brandywine Condominium), a condominium
established by Master Deed dated December 15, 1986, and recorded with the Registry of
Deeds in Book 10416, Page 194, (hereinafter referred to as the “Condominium’”). The
Condominium is located in Shrewsbury, Worcester County, Massachusetts. The
- ~ ~ _
Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the
Condominium and/or in M.G.L. c. 183A, s. 10(b)(4). Additionally, they bring this action
on behalf of all other parties in interest pursuant to M.G.L. c. 254, s. 5.
3 The Defendant, Lalitha Shankar, (hereinafter referred to as the “Defendant”) are
the record owner of Unit #14C, 14 Shrewsbury Green Drive, Shrewsbury, MA 01545, at
the Condominium (hereinafter referred to as the “Unit”), pursuant to a Unit Deed dated
March 7, 2014, and recorded with the Registry of Deeds in Book 52244, Page 304. The
Defendant maintains an address of 101 Pleasant Street, Suite 106, Worcester, MA 01609.
FACTS
4 Pursuant to M.G.L. c. 183A, s. 6, and the applicable provisions of the
Condominium’s documents, there is a lien against the Unit in the amount of
$3,239.67 (hereinafter “common expenses”).
5 Pursuant to M.G.L. c. 183A, s. 6(a) the lien includes attorney’s fees and costs
incurred by the Plaintiff in pursuing this matter in accordance with said provisions.
6 The Plaintiffs did give the Defendant notice by certified and first class mail.
CAUSES OF ACTION
COUNT I - AGAINST THE UNIT
7 Pursuant to the provisions of M.G.L. c. 183A, ss. 6(a) and 6(c), the amount due as
aforesaid, and as such attorney’s fees and costs may additionally accrue hereafter,
constitute a lien upon the Unit.
COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN
8 Pursuant to the provisions of M.G.L. c. 183A, s. 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 and (b) liens for real estate
taxes and other municipal assessments or charges.
PRAYER
WHEREFORE the Plaintiffs pray that this Honorable Court:
Declare that there is a lien upon the Unit in the amount as may be found.
Declare that the lien is entitled to the priority as provided for by law.
Order the sale of the Unit to satisfy, in whole or in part, 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,
TRUSTEES OF THE GREEN AT SHREWSBURY
CONDOMINIUM TRUST (a/k/a BRANDY WINE
CONDOMINIUM TRUST)
By their attorneys,
MARCUS, ERRICO, EMMER
& BROOKS, P.C.
Richard E. Brooks, Esq.
BBO #545328
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
(781) 843-5000
rbrooks@meeb.com
DATED: July 3, 2018
NOTICE
THE LAW FIRM OF MARCUS, ERRICO, EMMER & BROOKS, P.C. IS A DEBT
COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
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FOILED JUL U5 2018 COMMONWEALTH OF MASSACHUSETTS WW “rR ETE SS. SUPERIOR COURT DEPARTMENT CLERK CIVIL ACTION NO. ISWOCY IDS TRUSTEES OF THE GREEN AT SHREWSBURY) CONDOMINIUM TRUST (a/k/a BRANDYWINE ) CONDOMINIUM TRUST), ) Plaintiffs ) ) vs. ) COMPLAINT LALITHA SHANKAR, ) Defendant ) ) PRELIMINARY STATEMENT 1 This is an in rem action brought by the organization of unit owners of a condominium (a) pursuant to M.G.L. c. 183A, ss. 6(a) and 6(c) and c. 254, ss. 5 and 5A, to establish and enforce a lien for unpaid common expenses. This action further seeks a determination of the priority of the unit owner organization’s lien under M.G.L. c. 183A, s. 6(c). PARTIES 2 ' The Plaintiffs, the Trustees of the Green at Shrewsbury Condominium Trust (a/k/a Brandywine Condominium Trust) (hereinafter referred to as the “Organization of Unit Owners”), are the duly elected/appointed members of the governing body of the Green at Shrewsbury Condominium Trust (a/k/a Brandywine Condominium Trust) under a Declaration of Trust dated December 15, 1986, and recorded with the Worcester County Registry of Deeds (hereinafter referred to as “Registry of Deeds”) in Book 10416, Page 222, which Organization of Unit Owners is the organization of unit owners of the Green at Shrewsbury Condominium (a/k/a Brandywine Condominium), a condominium established by Master Deed dated December 15, 1986, and recorded with the Registry of Deeds in Book 10416, Page 194, (hereinafter referred to as the “Condominium’”). The Condominium is located in Shrewsbury, Worcester County, Massachusetts. The - ~ ~ _ Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the Condominium and/or in M.G.L. c. 183A, s. 10(b)(4). Additionally, they bring this action on behalf of all other parties in interest pursuant to M.G.L. c. 254, s. 5. 3 The Defendant, Lalitha Shankar, (hereinafter referred to as the “Defendant”) are the record owner of Unit #14C, 14 Shrewsbury Green Drive, Shrewsbury, MA 01545, at the Condominium (hereinafter referred to as the “Unit”), pursuant to a Unit Deed dated March 7, 2014, and recorded with the Registry of Deeds in Book 52244, Page 304. The Defendant maintains an address of 101 Pleasant Street, Suite 106, Worcester, MA 01609. FACTS 4 Pursuant to M.G.L. c. 183A, s. 6, and the applicable provisions of the Condominium’s documents, there is a lien against the Unit in the amount of $3,239.67 (hereinafter “common expenses”). 5 Pursuant to M.G.L. c. 183A, s. 6(a) the lien includes attorney’s fees and costs incurred by the Plaintiff in pursuing this matter in accordance with said provisions. 6 The Plaintiffs did give the Defendant notice by certified and first class mail. CAUSES OF ACTION COUNT I - AGAINST THE UNIT 7 Pursuant to the provisions of M.G.L. c. 183A, ss. 6(a) and 6(c), the amount due as aforesaid, and as such attorney’s fees and costs may additionally accrue hereafter, constitute a lien upon the Unit. COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN 8 Pursuant to the provisions of M.G.L. c. 183A, s. 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 and (b) liens for real estate taxes and other municipal assessments or charges. PRAYER WHEREFORE the Plaintiffs pray that this Honorable Court: Declare that there is a lien upon the Unit in the amount as may be found. Declare that the lien is entitled to the priority as provided for by law. Order the sale of the Unit to satisfy, in whole or in part, 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, TRUSTEES OF THE GREEN AT SHREWSBURY CONDOMINIUM TRUST (a/k/a BRANDY WINE CONDOMINIUM TRUST) By their attorneys, MARCUS, ERRICO, EMMER & BROOKS, P.C. Richard E. Brooks, Esq. BBO #545328 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 (781) 843-5000 rbrooks@meeb.com DATED: July 3, 2018 NOTICE THE LAW FIRM OF MARCUS, ERRICO, EMMER & BROOKS, P.C. IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.