Plaintiff Glover Court Condominium Trust (hereinafter Plaintiff) filed its Verified Complaint for Declaratory and Injunctive Relief on September 23, 2013 on behalf of the Glover Court Condominium Association and all unit owners, seeking 1) an order that Defendant Anthony Amaru (Amaru), both as Trustee of AmRon Realty Trust u/d/t dated August 13, 2003 (the Trust) and individually (hereinafter Defendants), convey certain land marked as Lot 1(Lot 1) and Lot 2 (Lot 2) on the Condominium Site Plan (as hereinafter defined) to it for parking purposes and/or to further provide access to additional land (the Annexable Land, as hereinafter defined) on which there is currently parking for residents of the Glover Court Condominium (the Condominium); 2) alternatively, judgment that Plaintiff, and any of its successors in interest, is entitled to an easement across the land of Defendants sufficient to allow safe passage by vehicle and on foot and to park; 3) a temporary injunction preventing Defendants from taking any action to inhibit, frustrate or interfere with any unit owner accessing the current driveway and/or accessing the parking lots located on Defendants land. Defendants did not file an Answer and were defaulted pursuant to Mass. R. Civ. P. 55(a) on October 28, 2013. Defendants did not appear at a case management conference on November 19, 2013, and this court issued a fifteen day Nisi order of even date. Defendants did not respond to the Nisi order and default was subsequently entered again against Defendants on December 4, 2013.
Plaintiff filed its Motion for Summary Judgment on January 8, 2014, together with Supporting Memorandum, Statement of Material Facts, Affidavit of Daniel F. Sullivan (Sullivan Affidavit) and Certificate of Service. As default had entered against Defendants, no hearing on the motion was held and the matter was taken under advisement. A decision of todays date has been issued (the Decision). In accordance with the Decision, it is hereby:
ORDERED and ADJUDGED that Lot 1, Lot 2 and the undeveloped rear portion of Lot A designated as Annexable Land (the Annexable Land) on the plan entitled Condominium Site Plan For the Glover Court Condominium located at 534 Dorchester Avenue, South Boston, MA, dated December 28, 2004 by George Collins, PLS, 401 South Broadway, Lawrence, MA 01843, which was recorded with the Suffolk County Registry of Deeds in Book 36260, Page 286 (the Condominium Site Plan) are not part of Phase I of the Condominium.
ORDERED and ADJUDGED that the Master Deed dated January 4, 2005, and recorded January 6, 2005 with the Registry in Book 36260, Page 286 (the Master Deed) did not indicate the intent of the parties to create, for Phase I, a permanent easement allowing Plaintiff to access Lot 1 and Lot 2 or the Annexable Land for purposes of parking on such lots.
ORDERED and ADJUDGED that unit owners are permitted to park in the spaces marked on the Condominium Site Plan on Lot 1 and Lot 2 until such time as the Master Deed is amended with regard to permanent parking.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is DENIED in part and APPROVED in part.