Additional Information:

The property and lot in Westwood doesn’t isn’t easy to “split”.  It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back.  We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos.

ATTORNEY ANSWER:

You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”. You will also have the Master Deed which will specify the boundaries of each unit and layout and what is considered common area. With regard to the driveway, you could make the right side common area which you share and could share the cost of plowing. Also, with regard to the yard, you could divide it up so that you each have your own yard area which is common area, but designated as exclusive use common area. You can only do this by agreement with your co-owner. As you and your co-owner can’t seem to agree on some issues, it would be smart to put an arbitration/mediation provision in your condominium documents. Mediation/Arbitration is a less costly way for you to resolve future conflict as opposed to using the judicial process. [Read more...]

Additional Information:

I currently live in a 4-unit apartment building in Dedham.  My grandmother owns the building and is considering converting the units to condos. What are the steps she would need to take? Can she convert one at a time or do you have to convert the property in its entirety?

ATTORNEY ANSWER:

First, let me say that your grandmother seems like a shrewd business woman. Often times the conversion of a multi-family apartment building into a condominium can result in a lot more profit for the property owner. Before converting the units into condominiums, your grandmother should make sure that she assesses the current market and looks at recent comparable sales to confirm that the condominium conversion makes economic sense.

You will also need a team of several professionals to assist you in the project which will include an attorney, an architect, a civil engineer or land surveyor and possibly a contractor.

Often times, renovations will be needed to convert the apartments into a condominium. For example, the individual condominium units may need to have separate utilities (i.e. heating systems, electrical, water, etc.) or changes may be needed to comply with building codes or fire regulations.  You will need a contractor to assist your grandmother with any renovations need. [Read more...]

Additional Information:

I live in a 3 unit condo building in Newton and my unit has been damaged as a result of a fire in our neighbor’s unit. I’ve had some contractors give estimates so I know that the estimate settlement from the Association’s Insurance company won’t cover the repairs.  How do I dispute the amount with the Association’s insurance? Do I need to get a condo lawyer involved?

ATTORNEY ANSWER:

First, based upon your question, it appears that your claim is being made under the Association’s Master Insurance Policy. I always recommend condominium unit owners, for their own protection, to buy an individual HO-6 policy covering the interior and contents of the unit because the master policy does not cover such damage. If you have an HO-6 policy, you should also consider making a claim under this policy. In addition, you may consider hiring a “public adjuster”.  A public adjuster is an insurance claims adjuster who advocates for the policyholder in appraising and negotiating a claimant’s insurance claim.  A public adjuster may be beneficial in this case as it is clear that the insurance company will pay the claim and the only issue is the valuation of the loss. Most public adjusters charge a percentage of the settlement which is usually on average around 10%. Another option would be to hire an attorney and file a lawsuit. In filing the lawsuit, you would use the contractor’s estimates which you have to demonstrate value. Before doing so, you should be confident that the contractor is reputable and can justify his bill because the insurance company will likely have an expert who will testify that the job can be done for much less.  [Read more...]

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We live in a 10 unit condominium complex in Chestnut Hill, and the home owners association is fining residents, but there is no statutory authority to do so.  Do we have to pay the fines?  I don’t want to be in “bad standing” with the HOA. What should we do?

ATTORNEY ANSWER:

The statement in your question that “there is no statutory authority” for trustees to fine unit owners is incorrect.  M.G.L. c. 183A Sec. 10(b) provides, in material part, that:  “Such corporation, trust or association shall have, among other powers,  the following rights and powers:….(3) to…levy reasonable fines for violations of  the master deed, trust, by-laws, restrictions, rules or regulations of the organization of unit owners.”

You do not elaborate in your question about how much the fine is or why it is being levied. Certain types of fines can be treated as “common expenses” and in order to challenge those fines you must first pay them and then challenge them in a separate legal action.  [Read more...]

Additional Information:

I started a business 6 months ago with a partner. We decided we’d see if the business is really viable before having a lawyer draft an agreement.  It was my business plan, I do the majority of the work, and I contributed more money to the venture than she did.  We work out of the apartment on my Newton property, I pay utilities and property tax.  My understanding was that the ownership was 60-40 in my favor. She now claims that she owns 50% of the company. What can I do?

ATTORNEY ANSWER:

Unfortunately, this situation arises quite often when people start a small business without consulting an attorney. What could have easily been spelled out in a written agreement at the commencement of the business now has the potential to lead to costly litigation. What you have explained sounds like an “oral partnership” or possibly an “oral joint venture.”  [Read more...]

Additional Information:

My business is being sued for a debt from a production company in Waltham who provided services and was only paid about 20% of the debt. We never got our film footage and there was no contract.   Does Mass law require contracts between businesses to be in writing? Our company cannot pay it now yet it could within the year and they would have been paid. Now the time we are wasting for the same end result makes me want to lower this as much as possible.   What can we do?

ATTORNEY ANSWER:

To answer your question about whether Massachusetts requires certain contracts to be in writing, the answer is it depends upon the type of contract. The Massachusetts version of the statute of frauds (i.e. M.G.L. c. 259 §1) provides that certain types of contracts must be in writing. For example, a contract for the sale of real estate must be in writing.  The subject contract does not appear to be a contract that is required to be in writing unless it was “an agreement  that is not to be performed within one year from the making thereof”. [Read more...]

Additional Information:

I’m in the process of buying a home in Wayland on a short sale. The asking price had already been approved by the seller’s lenders, I offered it, and the lenders accepted. Now it’s been over 3 weeks and we can’t seem to get the lenders to return the signed paperwork so we can set yet another closing date. The house will go into foreclosure in about 2 weeks. What can we do?

ATTORNEY ANSWER:

Lender delays in processing and approving short sales is the rule and no longer the exception.  The lenders also require that their purchase and sale form agreement be used and they accept few, if any, requested buyer changes to provide a balanced and fair agreement.  And if the lender does not countersign the purchase agreement, the prospective buyer has no recourse.  The one sided purchase agreements, even if signed by the lenders, offer little if any remuneration in the event that the sale does not occur.  Finally, a buyer must be very careful to have counsel closely review the underlying title because sellers looking to conduct a short sale have amassed excessive debt and liens on their properties, all of which must be discharged prior or at closing with closing proceeds, to ensure a good and marketable title.  Buyer beware in short sales!   [Read more...]

Additional Information:

What are some of the benefits of converting to condos?  My brother and I inherited a two family in Newton and we’re considering converting them to condos.  We may or may not move into the respective units.

ATTORNEY ANSWER:

The primary benefit to convert the two family building into a two unit condo is ease of sale and a basis to increase the sale price.  Newton is a strong market with much pent up demand at the lower price point. So buyers could become excited about an affordable condo unit in Newton and perhaps cannot afford a single family home.  This condo proposal requires at least a partial rehab of the units, with fresh paint and carpets, if not new kitchens and bathrooms.  But to convert to a condo you must hire an architect to prepare floor plans and perhaps a land surveyor to lay out the land and the common areas, and perhaps the exclusive use common areas to be used and maintained by separate unit owners.  A lawyer is also needed to draft the condo documents and to oversee the conversion to condos.

Buyers need to be careful about a two unit condo if the other unit owner fails to comply with the applicable rules and regulations, including noise control and the monthly obligation to pay the condo fees.  We have received many complaints by one unit owner that the other unit owner is impossible to deal with and is violating the applicable rules and regulations.  [Read more...]