Published on: June 17, 2013
Areas of focus: Condominium Litigation and Real Estate Litigation
Ed is a managing partner in the firm and is the head of the Firm’s Litigation Department. He is widely regarded as one of the premier condominium and real estate litigators in Massachusetts, New Hampshire and Rhode Island. In addition to being an active trial lawyer, Ed has the unique distinction of having argued condominium cases in the Massachusetts, New Hampshire and Rhode Island Supreme Courts. That dedication has resulted in Ed being named a Massachusetts and New England Super Lawyer by Boston Magazine for eight (8) consecutive years. Ed has also recently been named one of the 2018 Lawyers of the Year by Massachusetts Lawyers Weekly Newspaper for his advocacy in the 2018 Massachusetts Supreme Court Decision in the case of Cambridge Point Condominium Trust v. Cambridge Point, LLC, 478 Mass. 697 (2018) where the Court held that a developer inserted anti-litigation provision in the condominium by-laws was void as against public policy. As demonstrated by the Cambridge Point case, in which he convinced Massachusetts’ highest Court that provisions of the condominium documents were unfair, Ed routinely takes on the toughest and most challenging cases and never backs down. 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.
As part of his multistate litigation practice, Ed offers general operational and day to day advice designed to avoid litigation. Ed preaches that he is a condominium lawyer first and a litigator second. He prides himself on being available to clients 24/7.
Ed’s dedication to the field of condominium law goes beyond his representation of condominium and homeowner associations. In 2011 Ed was inducted in the prestigious national Community Association College of Community Association Lawyers (CCAL). In 2017, Ed was elected to the CCAL Board of Governors and has recently been named President-Elect of CCAL. Ed’s Presidency will begin on January 1, 2020. Additionally, Ed serves on the CCAL Law Seminar Planning and is its former Chair and is currently the co-chair of CCAL’s amicus committee, which files friend of court briefs in significant condominium and homeowner association cases across the country. Ed has also recently been elected to a second term on the Board of Directors for the Community Association Institute’s New England Chapter, which is a non-profit organization established to represent the interests of condominiums and homeowners associations through advocacy and education. Ed is also Co-Chair of the Rhode Island CAI’s Legislative Action Committee, through which he has 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 CCAL 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.
- Suffolk University (1991)
- Suffolk University Law School, cum laude (1994)
- College of Community Association Lawyers
- Accepted as a Fellow of the College in 2011
- 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)
- Named President Elect of College for 2020
- 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 a 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).
Named by Massachusetts Lawyers Weekly as one of its 2018 Lawyers of the Year
Some of Ed’s published appellate decisions include:
- Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC 478 Mass. 697 (2018) (2018)
- Lilac Lane v. Monument Garden, 170 NH 124 (2017)
- 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)
- Shepherds Hill Homeowners Association, Inc. v. Shepherds Hill Development Co., LLC, 2015 WL 11071128 (NH 2015)
- IDC Properties, Inc., v. Goat Island South Condominium, 128 A.3.1 383 (RI 2015)
- McDermott v. MEEB, 775 F.3d 109 (1st.Cir. 2014)
- K.G.M. Custom Homes vs. Prosky, 468 Mass.247 (2014)
- Sisto v. America Condominium, 68 A.3d 603 (RI 2013)
- Doherty v. Admiral’s Flagship Condominium Trust, 80 Mass.App.Ct. 104 (2011)
- Post v. Mchugh, 76 Mass.App.Ct. 200 (2010)
- Elles v. Zoning Bd. of Appeals of Quincy, 450 Mass. 671 (2008)
- John Marini Management Co. v. Butler; 70 Mass.App.Ct. 142 (2007)
- Mirrione v. Jacobs, 446 Mass. 1001 (2006)
- Berish v. Bornstein, 437 Mass. 252 (2002) (AMICUS)
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” (Condo Media, March, 2008).
- “Why Condominiums Should Adopt Rights of First Refusal” (Condo Media, 2008).
- “Affordable House – Associations Should Adopt Rights of First Refusal” (Condo Media, 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.