William DeBear

Published on: June 17, 2013

Debeer

Areas of focus: Real Estate and Condominium Law, Development and Land Use, Litigation and Telecommunications

Bill is a partner in our Real Estate, Condominium, and Litigation Departments. In his diverse practice, Bill represents condominium associations, developers, lenders, and buyers and sellers of real estate, handling matters that include real estate and condominium purchase, sale and finance transactions, condominium and homeowner association development, zoning, condominium and general Massachusetts real estate lawyer litigation, and telecommunications transactions. Bill also serves as coordinator for the firm’s Real Estate group, including the maintenance of the firm’s real estate data base. An experienced real estate transactions attorney, Bill is an authorized agent for several national title insurance companies, including: Fidelity, WFG, and First American.

Bill also has extensive experience in the affordable housing area, representing clients in all phases of the development process, from creating development entities to obtaining required approvals from state and local permitting authorities and negotiating construction financing.

In his condominium and homeowner association practice, Bill drafts and secures the approval of amended and restated condominium and association documents and represents condominium and homeowner associations in the revival, extension and conveyance of development rights — a highly specialized area that melds his expertise in condominium law and real estate development. Bill also advises condominium and homeowner association clients on the entire range of condominium and homeowner association governance issues and represents them in, among other matters, the enforcement and extension of restrictive covenants; the resolution of construction defect litigation and disputes with abutting property owners; and the negotiation of telecommunications leases and licenses.

In addition to handling residential and commercial real estate transactions, Bill represents clients in a variety of litigation matters, and often is called upon to prepare settlement agreements and real estate instruments for the implementation of settlements in complex real estate and condominium litigation. Bill appears regularly in the Massachusetts Superior and Land Courts and has argued cases before the state Appeals Court and the Supreme Judicial Court.

In addition to being an active member of the Massachusetts Real Estate Bar Association and CAI-New England, Bill also has served (2010-2016) on the Board of Commissioners of the local public housing authority in his home town, and on the board of directors of a local affordable housing non-profit organization.

EDUCATION

  • Cornell University, with distinction in all subjects (1976)
  • Boston College Law School (1979)

PROFESSIONAL AFFILIATIONS

  • Community Associations Institute-New England
    • Chair, Attorney’s Committee (1997)
  • Massachusetts Bar Association
  • Massachusetts Real Estate Bar Association

ADMISSIONS

  • Massachusetts
  • U.S. District Court (Massachusetts)
  • Federal Court of Claims

NOTABLE

  • Elected to Phi Beta Kappa and Phi Kappa Phi at Cornell
  • Authored amicus briefs submitted on behalf of the Attorneys’ Committee of the New England chapter of the Community Associations Institute in, among others, the following decisions of importance to condominium and community associations in Massachusetts: Viola v. Millbank II Associates, 44 Mass.App.Ct. 82 (1998), involving condominium phasing; and Osorno v. Simone, 56 Mass.App.Ct. 612, 779 N.E.2d 645 (2002), dealing with strict liability.

PUBLICATIONS AND EVENTS

Massachusetts Continuing Legal Education:

  • Author, Massachusetts Condominiums, Chapter 5, 2017 Supplement (Residential Condominiums-How to Handle a Condominium Unit Sale)
  • Co-author, Real Estate Title Practice in Massachusetts, Chapter 20 (Condominiums and Homeowners’ Associations, 2010)
  • Panelist, Real Estate Title Practice in Massachusetts (2005, 2006)
  • Panelist, Handling Residential Real Estate Transactions in Massachusetts (1999-2008)

Professional Education Services, Inc.:

  • Panelist, Nuts & Bolts of Residential Real Estate Transactions (1998)
  • Quoted in, “There’s Money for Community Associations — Up on the Roof” (CondoMedia, May, 2007)
  • Quoted in “Ins and Outs and Do’s and Don’ts of Telecommunications Contracts” (CondoMedia, January, 2009)

Bill’s recent representative matters include:

  • Obtaining summary judgment annulling the decision of a local planning board in a Land Court appeal brought on behalf of the appealing property owners.
  • Extending the period of enforceability of restrictions governing a homeowner’s association under M.G.L. c. 184, sec. 27.
  • Obtaining summary judgment and an award of attorneys’ fees under the Massachusetts “frivolous claims” statute in a Land Court proceeding involving a property ownership dispute.
  • Obtaining modification of a comprehensive permit from a local zoning board for a client seeking to add 100 rental units to an affordable housing development.
  • Handling all legal services for client in the development, finance, and sale of a 24-unit affordable housing development.
  • Negotiating and drafting agreements and instruments on behalf of a condominium association client for the creation, sale, and finance of development rights at a residential condominium.
  • Obtaining judgment in Superior Court for a condominium association, requiring contribution by an abutting property owner to the costs of maintaining and repairing a shared easement
    Bill’s appellate decisions include: Entis v. Rent Control Board of Brookline, 399 Mass. 158 (1987)(upholding rent control decision in favor of client); Spinnaker Island and Yacht Club Holding Trust v. Bd. of Assessors of the Town of Hull, 49 Mass.App.Ct. 20 (2000)(upholding appellate tax board decision abating Town’s attempted assessment of real estate tax on development rights held by condominium association); Eisenberg v. Phoenix Association Management, Inc., 56 Mass.App.Ct. 910 (2002)(upholding dismissal of Chapter 93A claim against property manager); and One Salem Improvement Association v. Marchese, 84 Mass.App.Ct. 1117 (2013)(affirming judgment for homeowner association against lot owner who claimed that declaration of covenants, conditions and restrictions had expired and that association could no longer enforce assessments against him).

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