Year: 2019

December 6, 2019

Anthony is an associate in the firm’s Litigation Department. He joined the firm in 2019 and focuses his practice on real estate, condominium, and contract litigation. Prior to joining the firm, he was part of the Accelerator Practice Clinic at Suffolk University Law School. There he represented indigent tenants in landlord/tenant disputes/eviction cases. He was a Marshall-Brennan Constitutional Literacy Fellow and taught Constitutional Law to high school seniors in Dorchester, MA. He also coached the [Read More...]

December 1, 2019

DISPARATE IMPACT Congressional Democrats and housing advocacy groups say a proposed revision in the Fair Housing Act’s “disparate impact” standard would undermine policies designed to combat housing discrimination. The change, proposed by the Department of Housing and Urban Development (HUD), targets a legal theory under which a practice may be deemed discriminatory if it has a discriminatory impact on a protected class, even if the discrimination is not intentional. The revised standard would replace the [Read More...]

November 22, 2019

Once upon a time, Whitman Pond Village Condominium initiated a lien enforcement case against a unit owner that failed to pay her condo fees.  Upon obtaining a default judgment against both the unit owner and her first mortgage holder, the Condo ultimately foreclosed on the unit in order to recoup the unpaid fees as well as the legal fees and costs incurred in the lien enforcement process.  After foreclosure, the Condominium held sale proceeds that [Read More...]

October 29, 2019

Justin became an associate at the firm in 2019 and focuses his practice on representing condominium associations. His practice includes supporting clients regarding interpretation of governing documents, condominium operations and governance issues, unit owner responsibilities and rule enforcement, drafting and amending of condominium documents, and lien enforcement. Justin previously worked in the Clerk of Court’s office for Utah’s Eighth District Court and as a paralegal for a major creditor’s rights firm in Newton, Massachusetts.

October 28, 2019

UNDER-PERFORMING The housing market continues to under-perform, producing results weaker than strong employment figures and wage gains would seem to support. Skimpy inventories pushed prices up and pushed existing home sales down in September compared with the previous month. But the seasonally adjusted annual rate of 5.38 million units was almost 4 percent above the year-ago level. “An unbalanced situation” created by rising prices and shrinking inventories is holding sales below expectations, Lawrence Yun, chief [Read More...]

October 8, 2019

By Edmund Allcock and Haley Byron Life is full of transitions. In the life of a community association, the most important transition by far is the one that transfers control of the community ─ and responsibility for it ─ from the developer to the owners. A successful transition will set the community firmly on the path to self-governance and financial health. A less than successful transition can set the community back for months or even [Read More...]

September 26, 2019

FED ACTION Citing concerns about the impact of the trade war with China and the increasing risk of a global economic downturn, the Federal Reserve slashed interest rates for the second time this year, reducing the benchmark overnight lending rate by 25 basis points, to a range of 1.75 percent to 2 percent. In a press conference following the announcement by the Federal Open Market Committee (FOMC), the Fed’s policy-setting arm, Fed Chairman Jerome Powell [Read More...]

September 23, 2019

On June 28, 2018, Governor Charlie Baker signed into law, “An Act relative to minimum wage, paid family medical leave and the sales tax holiday,” or as it is otherwise known “the Grand Bargain Bill,” which established a permanent sale tax holiday in Massachusets, is intended to increase the minimum wage to be paid to Massachusetts employees over the next five (5) years, to fifteen dollars ($15.00) per hour, and through which, the Paid Family [Read More...]

September 19, 2019

Technology is changing our environment in so many ways, it’s difficult to keep up. This is especially true in the home security business. I’m constantly hearing ads about the newest ways to monitor your home while you are away, or how to sync your surveillance cameras with your phone to watch your pets all day at work. There are obvious advantages to these new systems – I love the idea of making sure no one [Read More...]

September 19, 2019

The Massachusetts Supreme Court recently issued a decision involving a landlord’s ability to request use and occupancy payments while a tenant lemans in a unit during an eviction proceeding.  The court said: The question presented in this case is whether a judge has authority to issue orders for interim use and occupancy payments during the pendency of a summary process eviction action, and, if so, the circumstances under which it is appropriate to exercise that [Read More...]

September 17, 2019

By Janet Oulousian Aronson and Mark Einhorn The temperatures are still screaming summer, but the calendar is whispering that fall is near. And for condominium boards and managers, that means it’s time to bring out the fall maintenance checklist to make sure the community’s buildings, operating systems and grounds are ready for the cold weather to come. But buildings and grounds aren’t the only components that require regular maintenance. The associations policies, procedures, rules and [Read More...]

September 4, 2019

FHA CONDO RULES The Federal Housing Administration (FHA) has approved a final rule easing access to FHA-insured mortgages for condominiums, incorporating many of the changes for which the Community Associations Institute (CAI) has been lobbying for years. The policy changes could result in the financing of an additional 60,000 condominium loans every year, according to HUD estimates. Among the key changes, the revised rule: Reinstates the “spot approval” process. FHA will now insure loans on [Read More...]

August 5, 2019

STILL FALLING Existing home sales declined again in June – falling 2.2 percent below the year-ago pace, despite lower interest rates and wage gains fueled by a strong labor market. New home sales recovered from a dismal May, primarily because strong sales in the West offset weakness in other regions, pushing the national total 7 percent above the June 2018 level. Industry executives found nothing reassuring to say about existing home sales, which have now [Read More...]

July 15, 2019

A SURE THING? Within the space of a week, interest rate speculation has veered from a consensus that the Fed would cut rates, to a widely shared belief that they would not, and back to virtual certainty that the Federal Open Market Committee (FOMC), the Fed’s policy-making arm, will cut rates when it meets at the end of July. Growing concern that the economic recovery is weakening, the strongest argument in favor of a rate [Read More...]

July 3, 2019

By Jennifer Barnett and Dawn McDonald With the passage of the Paid Family Medical Leave Act (PFMLA) in 2018, Massachusetts became one of only six states (plus the District of Columbia) that now require employers to offer paid leave to employees who have serious medical problems or who need time to care for family members with serious medical problems. Benefits for Massachusetts workers will begin to phase in starting in January of 2021, but employers [Read More...]

July 3, 2019

WILL THEY OR WON’T THEY? The ‘they’ is the Federal Reserve and the question is whether the policy-setting Federal Open Market Committee (FOMC) will lower interest rates when it meets next in late July. The committee voted 9-1 in June to leave rates unchanged, but a post-meeting statement, eliminating previous references to “patience,” signaled a willingness to consider a rate cut, though probably not before next year. The statement also downgraded the committee’s assessment of [Read More...]

June 28, 2019

The Supreme Court on Friday made it easier for property owners to challenge land-use regulations and seek compensation from the government, a ruling that revealed deep divisions between the court’s conservative and liberal camps when it comes to property rights. The Court, in a 5-to-4 decision written by Chief Justice John Roberts, sided with a Pennsylvania woman who challenged a requirement by the rural community of Scott Township that she provide public access to a gravesite on [Read More...]

June 28, 2019

Two unit condominiums are notoriously difficult to deal with when it comes to litigation and administration.  However, if the owners can actually work collaboratively and utilize the right professionals, success can be had.  This case presented one of those examples. MEEB represented a 2 unit Condominium Trust (and its two unit owners) in a lawsuit against a developer, general contractor, architect and structural engineer in a case involving alleged common area defects.  The two unit [Read More...]

June 28, 2019

WHEN MANAGERS RECEIVE A LETTER THREATENING A WRONGFUL ACTION BY BOARD  TIPS: Some policies consider a claim a letter stating wrongdoing e.g. breach of fiduciary duty, failure to repair a leaking roof. Some policies do not consider a claim having occurred until a suit is filed or a claim filed with a regulatory body. When a manager receives a letter threatening suit or stating board or manager did something wrong, you should send letter and [Read More...]

June 27, 2019

Dillon is an associate in the firm’s Condominium Practice Group. He joined the firm in 2019 and focuses his practice on representing condominium associations. Prior to joining the firm, he worked as Corporate Counsel for Princeton Properties, a large property management company that develops, acquires, and manages apartment communities throughout New England. As Corporate Counsel, Dillon’s practice focused primarily on land use/development as well as landlord tenant matters. Dillon’s experience handling a wide range of [Read More...]

June 19, 2019

CONDO COOLING Boston’s sizzling condominium market is cooling off. Sales reported for April were 4 percent below the total for the same month last year, the Greater Boston Association of Realtors reported, while the number of units listed for sale increased by 15.3 percent compared with the prior month – the 18th consecutive monthly increase. Separately, the Warren Group reported that condo sales increased by 1.3 percent statewide, but the median price recorded its third [Read More...]

May 29, 2019

STILL DISAPPOINTING Housing industry analysts continue to insist that the spring housing market will strengthen, but as spring gives way to summer, home sales continue to disappoint. Existing home sales fell again in April, slipping slightly below the March total and falling 4.4 percent below the same month a year ago ─ the 14th consecutive year-over-year decline. Economists were predicting that lower mortgage rates and a strong labor market would produce significantly better results. Lawrence [Read More...]

May 23, 2019

By Stephen Marcus You are the president of a condominium board and you don’t appreciate getting a call from a fellow board-member Sunday at midnight. The reason for the call is even less welcome. The board member has lost a laptop containing every essential piece of association related information it would be possible for anyone to have. Names, addresses, account information and credit card numbers for association residents, passcodes for association bank accounts, budget details [Read More...]

May 16, 2019

PARTIAL BAN A federal district judge has temporarily blocked enforcement of two components of a Boston ordinance regulating short-term rentals in the city. The ordinance, approved by the City Council last year, would have required on-line platforms to ensure that listed properties comply with registration rules and to report detailed information about their listings. Airbnb challenged the ordinance, contending that it illegally required listing companies to disclose proprietary business information and imposed unreasonable monitoring requirements [Read More...]

May 13, 2019

When I started working a MEEB in October of 2009, I realized very quickly that this was a different work environment than I was used to previously.  What became clear to me was that providing unparalleled service to the client was the first and foremost priority.  There was an unmistakable passion about the work we do and being a big part of the community association world in New England.  Attorneys worked late, were uncommonly responsive [Read More...]

May 13, 2019

Is there anything more annoying than realizing that your vehicle registration or inspection sticker has expired or is about to expire?  I let my registration lapse once when I was on summer vacation with my family.  On our first day of vacation, my wife let me sleep in.  She got up early and took our young children to buy muffins or bagels for breakfast.  On her way back, she got pulled over by the police [Read More...]

April 29, 2019

INCONSISTENT If you’re looking for consistency, you won’t find it in the March housing market reports. After posting the strongest performance in almost four years in February, existing home sales reversed direction in March with a 5.4 percent year-over year decline. The February jump had provided hope that home sales might be regaining their footing after back-to-back declines in December and January; the March swoon dented those hopes, but new home sales restored them, posting [Read More...]

April 22, 2019

By Richard Brooks Condo owners usually understand that they give up some of the rights enjoyed by single-family homeowners. The right to paint their front door any color they choose, to play their music at any decibel level they choose, and even to smoke in their residences, for example, all may be prohibited by condo associations rules or covenants. But condo owners pay property taxes, just like single-family homeowners, and they expect to receive the [Read More...]

April 19, 2019

Electronic voting could be the cure for owner apathy in community associations and is a new technology managers should be exploring for their associations.  E-voting allows owners to cast a vote for elections, amendments, budgets and more all from the convenience of one’s own computer or smart phone.  While not commonly utilized at this moment, e-voting is clearly on the rise given technological advancement and the proliferation of the internet in all our lives (think [Read More...]

April 18, 2019

In Property Acquisition Group, LLC v. Ivester, 17-P-1518 (April 18, 2019), the Massachusetts Appeals Court has provided what appears to be another avenue for property owners to challenge non-judicial foreclosure sales. In 2003, the Ivesters purchased a single-family home located on 4.57 acres of land in Lynnfield, MA for $399,000.  In 2013, the owners admittedly defaulted on a $302,000 mortgage they obtained in 2006.  Federal National Mortgage Association (“Fannie Mae”) was the assignee of the [Read More...]