Angel Kozeli Mozina Quoted in Massachusetts Lawyers Weekly
Rackemann real estate attorney Angel Kozeli Mozina was quoted in the Massachusetts Lawyers Weekly article, “Bar: condo easement case cautionary tale for drafters,” which addressed the recent Appeals Court decision in Chamberlain, et al. v. Badaoui, et al. on denying a condominium owner’s claim of easement through an adjoining unit and how this serves as a reminder that practitioners need to exercise diligence and foresight when drafting condo documents.
In the article, Angel described the holding as “yet another indication of a trend we’ve been seeing with the Appeals Court and the [Supreme Judicial Court] in real estate cases – a more restrictive, conservative reading of the four corners of the documents, as opposed to broader public policy-derived interpretations. The court does acknowledge the practical implications of the decision but dismisses them in light of the language of the condominium documents.” She also added, “But the main takeaway here is ‘drafter beware.’ Condominium documents are based on the site plans submitted. The Building Code requires two means of egress, and drafters need to have foresight concerning potential issues that would arise if one unit owner decides to bifurcate ownership of two adjoining units.”