Published on: June 17, 2013
Areas of focus: Condominium Litigation and Real Estate Litigation
Ed is a partner in the firm. He is a Massachusetts Real Estate Lawyer licensed to practice in Massachusetts, New Hampshire and Rhode Island. Ed has blended his extensive knowledge of Massachusetts condominium law and surrounding areas into an active multistate condominium litigation practice. In addition to conducting numerous trials on behalf of condominium associations, Ed has the unique distinction of having appeared on condominium related matters in the Massachusetts, New Hampshire and Rhode Island Supreme Courts, a distinction which has resulted in his having been named a Massachusetts and New England Superlawyer for five consecutive years. Ed’s multistate condominium litigation practice ranges from condominium development rights and phasing cases, enforcement of condominium covenants and rules, construction defects, land use and zoning issues, contract disputes, matters of statutory interpretation, easement and real property rights claims (including view easements), fiduciary claims, and insurance defense of condominium boards.
In addition to his multistate litigation practice, Ed offers general operational and day to day advice designed to avoid litigation. He prides himself on being available to clients and lawyers 24/7.
Ed’s dedication to the field of condominium law goes beyond his representation of condominium and homeowner associations that has resulted in numerous distinctions. In addition to being a Massachusetts and New England Superlawyer five years running, in 2011 Ed was inducted in the prestigious Community Association College of Community Association Lawyers. In that role, Ed currently, serves as Co-Chair of the Planning Committee of the Annual Condominium Law Seminar sponsored by the College. Ed is also Co-Chair of the Rhode Island CAI’s Legislative Action Committee. In 2008 and 2009 Ed played an instrumental role in drafting and securing the passage of two pieces of legislation benefiting condominiums in Rhode Island. Ed has also been selected by CAI to draft amicus curiae (friend of the Court) briefs before the Massachusetts and R.I. Supreme Courts on condominium specific matters.
Ed is a regular panelist and lecturer for CAI-New England and National Programs and is a contributor to CAI-NE’s monthly magazine, CondoMedia. Ed is also the creator of the firm’s monthly newsletter, “Condominium Insider”. When he is not working, Ed can be found playing golf at Pawtucket Country Club or sitting in Section 335 at Patriots games or attending his legendary pre-game tailgate parties.
- Suffolk University (1991)
- Suffolk University Law School, cum laude (1994)
- Community Associations Institute
- Chair, Attorneys Committee —2008
- Community Associations Institute (National)
- College of Community Association Lawyers – Board of Governors
- Rhode Island CAI
- Chair, Legislative Action Committee – 2008-present
- Massachusetts Real Estate Bar Association (REBA)
- Chair, Litigation Committee —2009, 2010
- Uniform Condominium Law Subcommittee – member
- Rhode Island Bar Association — member
- New Hampshire Bar Association — member
- Rhode Island
- New Hampshire
- Federal Courts in Massachusetts, Rhode Island and New Hampshire
- First Circuit Court of Appeals
Listed as a Massachusetts/New England Super Lawyer (2010, 2011, 2012, 2013 and 2014).
- Admitted to the Community Associations Institute’s “College of Community Association Lawyers” (One of approximately 100 attorneys nationally recognized by CAI for career contributions to and achievements in condominium law).
- Drafted the Rhode Island Condominium Super Lien Legislation, which became law in 2008.
- Drafted a Rhode Island measure expanding the borrowing authority of condominiums. The bill passed the state House of Representatives in 2009 and is currently pending.
- Worked with CAI’s national office in 2009 to help defeat proposed federal legislation expanding the authority of bankruptcy judges, which would have had an adverse impact on condominiums.
PUBLICATIONS AND EVENTS
- Revised ADA Regulations Implementing Title II And Title III
- Chaired a Massachusetts Continuing Legal Education, Inc. seminar in 2007 on trends in condominium litigation and co-authored the resulting book, entitled Condominium Litigation.
- “Condominiums and Sex Offenders” (CondoMedia, 2009).
- “Rhode Island Supreme Court Says Size Doesn’t Matter for Rhode Island Dockominium” (CondoMedia, 2009).
- “Why Condominiums Should Adopt Rights of First Refusal” (CondoMedia, 2008).
- “Smoke-Free Condominiums, the Wave of the Future?” (REBA News, 2008).
- Massachusetts Property Insurance Law Survey (2007).
- “Burning Down the House: Is Your Condominium Adequately Insured?” (CondoMedia, 2007).
- “Construction Permitting Reforms Aim High but May Fall Short of Developers’ Expectations” (Banker & Tradesman, 2006).
Ed’s recent representative matters include:
- Obtaining a $383,000.00 Judgment (including $75.00 per day fines and attorney fees), after a three-day Superior Court trial, upholding a misconduct assessment under the Massachusetts condominium statute against a unit owner who tapped into a common area gas line. The judgment is believed to be largest of its kind in Massachusetts.
- Obtaining a judgment, after a two day Land Court trial, annulling a special permit that otherwise would have resulted in a massive apartment complex being built next two condominiums.
- Obtaining a judgment, after a seven-day Superior Court trial, in favor of a trustee against beneficiaries found to have forged trust instruments to divest other beneficiaries of their property rights.
- Obtaining a judgment, after a Land Court Trial, successfully partitioning a multi-million dollar estate property in Nantucket.
- Obtaining summary judgment in Land Court against a condominium developer declaring that all remaining condominium phases and partially completed structures are condominium property free from claimed developer rights.
- Obtaining summary judgment in the Land Court against a lender invalidating a mortgage purporting to encumber the common areas of the Condominium in connection with expired development rights.
- Obtaining summary judgment in the Land Court declaring abutters had failed to extinguish rights in an abutting roadway and determining easement rights in favor of client under the derelict fee statute.
- Obtaining summary judgment and a six-figure settlement in a downtown waterfront Master Deed/parking easement case.
- Obtaining separate summary judgments producing six-figure collection awards for two Cape Cod condominium boards.
- Successfully litigating and resolving multiple “view easement” cases.
- Successfully representing multiple high-profile condominium associations, developers, business and contractors in a wide variety of matters, including construction and business disputes, mechanics lien cases, insurance coverage matters, property damage and property rights cases.
Ed’s published appellate decisions include: Mirrione v. Jacobs, 446 Mass. 1001 (2006); John Marini Management Co. v. Butler; 70 Mass.App.Ct. 142 (2007); Elles v. Zoning Bd. of Appeals of Quincy, 450 Mass. 671 (2008) and Berish v. Bornstein, 437 Mass. 252 (2002).