Legal Resources: Condominium Law

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Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »
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Tuesday, November 10, 2020 – Webinar Presentation to IREM

How to Prevail in the Courts During These Pandemic Times Tuesday, November 10, 2020 10:00 a.m. – 12:00 p.m. Register: Click to register Renting during the Pandemic: Avoid Traps for the Unwary Conduct financial background Obtain Guaranty Is the Tenant employed/furloughed/self-employed? Can you say no without fear of discrimination? Is the Tenant an established Company/Start-up/Franchise?

Read More »

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

Read More »
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CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Airbnb Legislative Update: Massachusetts’ New Rules

By: Howard S. Goldman, Esq.* – Airbnb – you either love it or you hate it. With roughly 1 in 10 U.S. adults using short-term accommodations, their popularity is undeniable. And for the millions who vacation in Massachusetts each year, short-term rental sites offer a wide range of price points in a state notorious for its lack of mid-priced accommodations at premier tourist draws: Boston, Cape Cod, and the Berkshires. But other populations are decidedly less enamored by the ascent of

Read More »

New England Condominium – How Will Your Community Be Affected?

Attorney Howard Goldman was quoted extensively in the the New England Condominium article “Legal & Legislative Update 2019 – How Will Your Community Be Affected?   By A.J. Sidranksy | New England Condominium Laws, and the legal decisions that support and enforce them, are constantly evolving and can affect every facet of community life in HOAs, condominiums and co-ops. While law and legal cases can emanate from any of our three levels of government – federal, state or local – most

Read More »

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »

Condominium Law Cases

Massachusetts Condominium Law Cases Types of condo law cases handled by the Massachusetts condominium attorneys at Goldman & Pease: Successfully represented condominium associations against contractors and developers on such issues as breach of fiduciary duty, defective workmanship, violation of the warranty of habitability, etc. Represent in excess of 40 condominium associations throughout Massachusetts, with rules enforcement, developer phasing, condominium documents amendments, collection of outstanding condominium fees and special assessments, and formation and conversions. Establish condominiums, including drafting the master deed, declaration

Read More »
blank

Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »
blank

Tuesday, November 10, 2020 – Webinar Presentation to IREM

How to Prevail in the Courts During These Pandemic Times Tuesday, November 10, 2020 10:00 a.m. – 12:00 p.m. Register: Click to register Renting during the Pandemic: Avoid Traps for the Unwary Conduct financial background Obtain Guaranty Is the Tenant employed/furloughed/self-employed? Can you say no without fear of discrimination? Is the Tenant an established Company/Start-up/Franchise?

Read More »

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

Read More »
blank

CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Airbnb Legislative Update: Massachusetts’ New Rules

By: Howard S. Goldman, Esq.* – Airbnb – you either love it or you hate it. With roughly 1 in 10 U.S. adults using short-term accommodations, their popularity is undeniable. And for the millions who vacation in Massachusetts each year, short-term rental sites offer a wide range of price points in a state notorious for its lack of mid-priced accommodations at premier tourist draws: Boston, Cape Cod, and the Berkshires. But other populations are decidedly less enamored by the ascent of

Read More »

New England Condominium – How Will Your Community Be Affected?

Attorney Howard Goldman was quoted extensively in the the New England Condominium article “Legal & Legislative Update 2019 – How Will Your Community Be Affected?   By A.J. Sidranksy | New England Condominium Laws, and the legal decisions that support and enforce them, are constantly evolving and can affect every facet of community life in HOAs, condominiums and co-ops. While law and legal cases can emanate from any of our three levels of government – federal, state or local – most

Read More »

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »

Condominium Law Cases

Massachusetts Condominium Law Cases Types of condo law cases handled by the Massachusetts condominium attorneys at Goldman & Pease: Successfully represented condominium associations against contractors and developers on such issues as breach of fiduciary duty, defective workmanship, violation of the warranty of habitability, etc. Represent in excess of 40 condominium associations throughout Massachusetts, with rules enforcement, developer phasing, condominium documents amendments, collection of outstanding condominium fees and special assessments, and formation and conversions. Establish condominiums, including drafting the master deed, declaration

Read More »
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