Published on: June 17, 2013
Areas of focus: Condominium Litigation and Real Estate Litigation
Ed is a partner in the firm and is the head of the Firm’s Litigation Department. He is a Condominium Lawyer licensed to practice in Massachusetts, New Hampshire and Rhode Island. Ed has blended his extensive knowledge of condominium law 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 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 advise 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 eight years running, in 2011 Ed was inducted in the prestigious Community Association College of Community Association Lawyers. In that role, Ed currently serves on the Board of Directors for the College and CAI’s New England Chapter. Ed is also Co-Chair of the Rohde Island CAI’s Leglistative Action Committee. In 2008 and 2009, Ed played an instrumental role in drafting and securing the passage of two pieces of legislation benefitting condominiums in Rhode Island. Ed has also been selected by CAI to draft amicus curiae (friend of the Court) briefs before the Massachusetts and Rhode Island 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, Condo Media. 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)
- College of Community Association Lawyers
- Accepted as a Fellow of the College in 2007
- Member of College Planning Committee 2012-Present
- Chair of College Planning Committee 2014-2015
- Elected to Board of Governors for a three year term (2017)
- Community Association Institute, New England Chapter
- Board of Directors – 2015 – present
- Chair, Attorneys Committee – 2008
- Massachusetts Real Estate Bar Association (REBA)
- Chair, Litigation Committee —2009, 2010
- Uniform Condominium Law Subcommittee – member
- Rhode Island CAI
- Chair, Legislative Action Committee – 2008-present
- Rhode Island Bar Association — member
- New Hampshire Bar Association — member
- Accepted as Fellow Litigation Counsel of America-2017
- Massachusetts (1994)
- Rhode Island (2007)
- New Hampshire (2004)
- Federal Courts in Massachusetts, Rhode Island and New Hampshire
- First Circuit Court of Appeals
Named a Massachusetts/New England Super Lawyer (2010 through 2018).
Ed’s published appellate decisions include:
- Berish v. Bornstein, 437 Mass. 252 (2002) (AMICUS)
- 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)
- Post v. Mchugh, 76 Mass.App.Ct. 200 (2010)
- Doherty v. Admiral’s Flagship Condominium Trust, 80 Mass.App.Ct. 104 (2011)
- Sisto v. America Condominium, 68 A.3d 603 (RI 2013)
- K.G.M. Custom Homes vs. Prosky, 468 Mass.247 (2014)
- McDermott v. MEEB, 775 F.3d 109 (1st.Cir. 2014)
- IDC Properties, Inc., v. Goat Island South Condominium, 128 A.3.1 383 (RI 2015)
- Shepherds Hill Homeowners Association, Inc. v. Shepherds Hill Development Co., LLC, 2015 WL 11071128 (NH 2015)
- Sisto v. America Condominium, 140 A.3d 124 (RI 2016)
- America Condominium v. Mardo, 140 A.3d 166 (RI 2016)
- Twenty Eleven, LLC v. Botelho, 127 A.3rd 897 (RI 2015) (AMICUS)
- Lilac Lane v. Monument Garden, 170 NH 124 (2017)
- Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC ____ MA _____ (2018)
PUBLICATIONS AND EVENTS
- Chaired a Massachusetts Continuing Legal Education, Inc. seminar in 2007 on trends in condominium litigation and co-authored the resulting book, entitled Condominium Litigation.
- “Construction Permitting Reforms Aim High but May Fall Short of Developers’ Expectations” (Banker & Tradesman, 2006).
- Massachusetts Property Insurance Law Survey (2007).
- “Burning Down the House: Is Your Condominium Adequately Insured?” (Condo Media, 2007).
- “Insurance Cases Have Bearing on Condominium Operation” (CondoMedia, March, 2008).
- “Why Condominiums Should Adopt Rights of First Refusal” (Condo Media, 2008).
- “Affordable House – Associations Should Adopt Rights of First Refusal” (CondoMedia, July, 2008).
- “Smoke-Free Condominiums, the Wave of the Future?” (REBA News, 2008).
- “Sex Offenders – Association Restriction Challenged” (Condo Media, May, 2009).
- “Rhode Island Supreme Court Decides – Boat Size Doesn’t Matter” (Condo Media, May, 2009).
- “Somebody’s Listening – RI-LAC Helps to Modify Transfer Fee Legislation” co-authored (Condo Media, September, 2012).
Ed’s recent representative matters include:
- Successfully argued to the Massachusetts Supreme Judicial Court that developer anti-litigation provision was void for public policy reasons.
- 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.