Year: 2019

March 19, 2019

THE BATTLE CONTINUES The Jersey Shore is the latest battleground in the ongoing conflict between government officials and the short-term vacation rental industry represented by Airbnb. An 11.6 percent tax on these rentals that took effect in October of last year has provoked an outcry from New Jersey homeowners who say they are having trouble finding renters because of the higher rents they must charge to cover the tax. Critics say the tax will be [Read More...]

March 4, 2019

234 Beacon Street Condominium Trust (association) governed the 234 Beacon Street Condominium in Boston, Massachusetts.  Ronen Adato owned a unit in the condominium. The nine-unit residential structure was separated from a trash room by a passageway.  Attached to the trash room was a garage containing six bays for cars and adjacent storage areas.  The parking bays were enclosed by doors.  There was no usable floor space in the garage that was not covered by the [Read More...]

March 4, 2019

HOMELESSNESS PERSISTS Although efforts to reduce homelessness have had some success over the past two decades, they have fallen well short of eliminating the problem. The Department of Housing and Urban Development (HUD) reports that 552,800 Americans experienced homelessness last year, an increase of 0.3 percent over the previous year’s total. This is the second consecutive year the numbers have trended upward, reversing gains that have reduced homelessness overall by 13 percent since 2010. The [Read More...]

February 21, 2019

By Matthew Gaines and William Thompson A newly enacted state law restricting the authority of condo associations to regulate the installation of electric car charging stations will apply only to condominiums located in Boston. But the implications extend well beyond Boston’s city limits. The reason: More consumers are buying electric cars. They purchased more than 360,000 of those vehicles in the U.S. last year – an 81 percent increase over 2017, which topped the previous [Read More...]

February 13, 2019

PATIENCE IS A VIRTUE – AND A FED POLICY “Patience” was the byword for the Federal Reserve (Fed) in January, driving a unanimous decision by the policy-making Federal Open Market Committee (FOMC) to stand pat on interest rates for now, and producing a decidedly less hawkish tone in the statement released after the committee’s meeting. “In light of global economic and financial developments and muted inflation pressures, the Committee will be patient as it determines [Read More...]

February 5, 2019

  By Gary M. Daddario If you look at a list of states that have a condominium superlien, you will find New Hampshire among them. But you can’t judge a book by its cover – and you can’t judge a statute by its name. All superliens are not equal. And the New Hampshire superlien includes some differences of which New Hampshire associations should be aware. It is important for boards and managers to understand the [Read More...]

February 4, 2019

THEY’RE BACK! Unconventional loans are back. Offered to borrowers who can’t document their income through traditional means, because they are self- employed, for example, the loans were wildly popular during the ‘anything goes’ days preceding the 2007-2009 financial meltdown, when they were known as low-doc, no-doc or (more disparagingly) “liar loans.” A slowing home sales and rising interest rates are renewing their popularity today, as lenders seek to gain or preserve market share in a [Read More...]

January 15, 2019

As one of the final acts of the 2017/2018 Massachusetts legislation session, the House and Senate passed and the Governor signed a City of Boston Home Rule Petition relative to electric vehicle charging stations at condominiums and other community associations in Boston. It is important to note that this bill only pertains to the City of Boston, and does not affect any other cities or towns in Massachusetts. Pursuant to the new Boston ordinance a [Read More...]

January 15, 2019

SHUTDOWN PAINS Some industry executives say the prolonged government shutdown isn’t hurting the housing market – yet. But it’s not helping either. Three-quarters of the approximately 2,200 real estate brokers responding to a National Association of Realtors survey said the shutdown has had no significant impact on current housing transactions. Only 11 percent said their clients have experienced closing delays related to the shutdown, while another 11 percent said the shutdown has affected the purchase [Read More...]

January 11, 2019

Dawn is a partner in the Litigation Department. She has spent the past seventeen years as a successful trial attorney and then a partner, as well as manager, of the litigation department of a well-established law firm in Western Massachusetts. She is an accomplished trial lawyer and has extensive experience handling complex multi-million dollar commercial litigation for individuals, corporations, small business owners and financial institutions in both Massachusetts and Connecticut. In addition, she has focused [Read More...]

January 9, 2019

By Jennifer Barnett During the course of their tenure on an association’s governing board, board members will come into possession of a seemingly endless amount of information. While owners are entitled to access the association’s books and records regarding the general operation and management of the association, there are certain categories of sensitive information that board members should safeguard and protect from disclosure. Among those categories of information, are information and materials that are protected [Read More...]

January 2, 2019

In the final days of the 2017/2018 Massachusetts legislation session, the House and Senate passed a compromise bill, that was subsequently signed by the Governor, to tax and regulate short-term rentals. The new law takes effect on July 1, 2019. The change in the law expands the state’s hotel and motel tax to include the short-term rental of residential dwellings (which may include condominium units, single family homes, etc.). The tax applies to all rentals [Read More...]

January 2, 2019

STAYING THE COURSE Downplaying concerns about stock market turbulence and ignoring angry tweets from the White House, the Federal Reserve raised its benchmark interest rate in December for the fourth time in 2018. “Information received since the Federal Open Market Committee (FOMC) met in November indicates that the labor market has continued to strengthen and that economic activity has been rising at a strong rate,” the committee said in a statement after its December meeting. [Read More...]