Back Bay condo association has to reimburse owner for fire repair, but doesn't have to pay his attorney's fees, court rules

A three-building condo association has to repay an owner of units in two buildings for an assessment to repair damage from a 9-alarm fire in 2010 in the third, but doesn't have to pay his legal fees, the Supreme Judicial Court ruled today.

An arbitrator had ruled the Beacon Towers condo association violated its own bylaws because it didn't put special assessments for repairing the damage - $62,995 in George Alex's case - up to a vote of owners, as required by its own rules. The association then sued when the arbitrator also awarded George $48,750 in legal fees related to his fight over the assessments.

The state's highest court struck the award of legal fees because the parties did not agree beforehand to an attorney's fee provision for any ruling and because absent that, state law only permits judges to order payment for legal services.

Alex owned units at 479 and 481 Beacon St. Fire investigators determined the blaze at 483 Beacon was caused by an extension cord under a carpet that shorted out.