Collections | By-Law Enforcement | Disputes | Insurance | Formation and Governance
For over four decades, Goldman & Pease has provided thoughtful, creative, and practical advice to condominium associations, property managers, developers, unit owners, and financial institutions regarding a wide variety of condominium-related matters.
Common Expense Collections
We provide legal counsel and assistance in collecting delinquent fees and assessments which are critical to the efficient day-to-day operations of condominium associations. We further recognize that collection matters can be costly and financially impact an association’s resources. In an effort to work in partnership with the associations, we, at the client’s request, defer all legal fees for collection matters until the process is complete, which allows our clients to collect the money they are owed while not depleting their resources.
Condo Document Enforcement
We address grievances arising from common living, such as leaky pipes to rent or pet violations to disruptive tenants, and navigate all legal issues that arise in the day-to-day property management of condominiums. Where unit owners, trustees and property managers expect and need residents to follow the Massachusetts Condominium Act, Massachusetts General Laws Chapter 183A, we are here to enforce such violations and protect the stability of the Condominium.
We both prosecute claims on behalf of condominium associations, and defend condominium associations from suit, directly and often derivatively. We regularly address claims against contractors, developers, and architects for defective workmanship, warranty breaches, and violation of the warranty of habitability. We also defend unit owners in derivative actions for breach of fiduciary duty claims against the Trustees.
We represent boards and unit owners in disputes concerning insurance coverage to advise on questions such as whose coverage applies and will it cover certain claims. We also regularly advise trustees regarding how to maximize coverage over the long haul, shape coverage to the specific needs of the condominium, and rein in premium increases. Finally, we often defend associations under covered insurance claims.
Formation and Governance
We regularly advise developers and condominium associations throughout the Commonwealth in the establishment and phasing of condominium formation. From drafting governing documents including the Master Deed and Declaration of Trust, to assuring compliance with zoning, permitting and condominium removal ordinances, to the extinguishment and revival of development rights, we have successfully partnered with many newly established condominiums.
Best Practices to Minimize Liability Risks
We advise condominium boards on best practices to minimize liability and damages. For example, we often provide advice regarding reasonable accommodations to residents with disabilities, including service or emotional support animals, draft assumption of risk and indemnification releases, and discuss broadly and in detail with our trustees how to reduce or minimize damage and insurance claims through the minimization of certain risks.
Representative Condominium Matters
- Represented developers of single family to multiple family condominiums in renovations, conversions, and new construction with sales price from $400,000.00 to $10,500,000.00.
- Obtained a summary judgment of dismissal of a claim brought by a civic association against our client, a Boston real estate developer and the Boston Zoning Board of Appeals, alleging that our client had not properly obtained a permit. Our client’s success allowed it to complete a large-scale development project.
- Represented lenders and condominiums in drafting loan documents and security agreements to collateralize the stream of condominium fees to obtain working capital for necessary renovations and capital improvement projects.
- Represented condominium associations in obtaining a settlement of over $750,000.00 against a developer and sub-contractors on claims of defective design and installation of the roofs at a condominium.
- Represented condominium association to obtain a judgement to foreclose to recoup unpaid condominium fees, and then on appeal against a bank who foreclosed for failure to pay delinquent condominium fees and collected both the fees and attorney’s fees to prosecute said litigation.
The Massachusetts Condominium Lawyers at Goldman & Pease concentrate in Massachusetts condo law and serve the Greater Boston MetroWest region including Allston, Arlington, Belmont, Brighton, Boston, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.
Membership in CAI:
We are active members of the Community Association Institute, and have published numerous articles in Condo Media regarding condominiums. In addition, we actively participate in various seminars and presentations to condominium owners, property managers, vendors, and trustees.