Condominium Law

  • Insurance Coverage – Represent individuals and board in dispute concerning insurance coverage: whose coverage applies, and will it cover certain claims. We also regularly advise condominium boards regarding how to maximize coverage over the long haul, shape coverage to the specific needs of the condominium, and how to rein in deductible increases.

 

  • Derivative Lawsuits – Goldman & Pease has been on both sides of these disputes, the processes of which are dictated by Massachusetts statute. Derivative claims concern unit owners who bring claims not on their own behalf, but on behalf of the condominium as a whole.

 

  • On behalf of Condominium – A recent case in which we defended a condominium against a derivative claim concerned the issue of what constitutes a majority of trustees? In many condominium documents, only a majority is allowed to take certain actions. Some unusual language in these condominium documents left that term up to debate.  Following motions for preliminary injunction and motions to dismiss, the parties successfully resolved their claims through an intensive mediation process and subsequent settlement discussions.

 

  • On behalf of Unit Owners – Brought a derivative liability action against a condominium association and successfully got replacement of a new roof and payment for legal fees.

 

  • Specific Day-to-Day Services – While we do step in when crises and conflicts emerge, Goldman & Pease also provides the services to meet condominium boards’ everyday legal needs. Our decades of experience include assisting private developers in the creation of condominiums, drafting and amending condominium documents, advising nascent and experienced condominium boards on best practices, providing late fee collection services, assessing fees and fines, and asserting condominiums’ superlien rights through and including foreclosure sales.
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