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Legal Resources: Articles

Corporate Transparency Act Reporting Requirements for Condo Associations

The Corporate Transparency Act Reporting Requirements For Condominium Associations

By Howard S. Goldman, Esq. What is the Corporate Transparency Act? The Corporate Transparency Act (“CTA”) is a federal law enacted in 2021 to combat illicit activity including tax fraud, money laundering, and financing for terrorism by capturing more ownership information for specific U.S. businesses operating in or accessing the country’s markets. Businesses meeting certain criteria (including all state corporations, LLCs, condominium associations, and similar entities registered to do business) must register. Regulated companies must submit a Beneficial Ownership Information Report

Read More »

Understanding Petition to Partition in Massachusetts

As a property owner in Massachusetts, it is essential to understand your rights and options when it comes to managing your real estate holdings. One legal tool that can be used to resolve disputes over shared ownership of property is a petition to partition. We will explain what a petition to partition is, how it works, and what you should consider before pursuing this legal action. What is a petition to partition? A petition to partition is a legal action that

Read More »

Ruling Expands Duty Of Care Owed To Condominium Residents

Our condominium board, property managers and concierge clients should consider a recent ruling concerning the duty of care owed to condominium residents. In a recent trial court case, the Superior Court in Jason Field et al. vs. Highbridge Concierge, Inc., et al., carefully addressed the duty owed to a couple who were viciously murdered in their Boston penthouse by a property management ex-employee who exploited lapses in security to access the victims’ unit. The case expands the duty owed to residents

Read More »

Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »

CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Commonwealth Extends Eviction Moratorium. What this means for Commercial Landlords

Chapter 65 of the Acts of 2020 (i.e., An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency) (“Act”) was extended by Governor Baker. Our office drafted an Article on the Act as it relates to the Moratorium’s impact on residential evictions (“Moratorium”). This update will focus on the commercial landlord and its rights while the Moratorium is in effect. How Does the Moratorium Impact Commercial Landlords? The Moratorium prohibits any non-essential eviction of a “small business

Read More »

CORONAVIRUS: Collections Activities Now Allowed after Recent Court Decision

In a decision on Wednesday, May 6, 2020, Federal Court Judge Stearns granted a temporary injunction enjoining the Massachusetts Attorney General from enforcing its prohibition on certain debt collection activities during the COVID-19 State of Emergency. The decision found that the AG’s 90-day moratorium on debt collections activities was a violation of the First Amendment Rights of collection agencies without providing meaningful protections for consumers. We previously advised our Massachusetts clients to refrain from initiating collections procedures during this moratorium. Goldman

Read More »

CORONAVIRUS: Commonwealth Enacts Eviction/Foreclosure Moratorium

On April 20, 2020, Governor Baker signed Housing Bill 4647 (“House Bill”) into law. The Housing Bill provides for a moratorium (“Moratorium”) on evictions and foreclosures during the COVID-19 pandemic (i.e., a temporary prohibition on evictions and foreclosure).  The Moratorium has a severe impact on landlords and mortgage holders. The experienced attorneys at Goldman & Pease have carefully analyzed the Housing Bill and offer you pertinent information to assist you during this difficult time. When Does the Moratorium Expire? The Moratorium

Read More »

CORONAVIRUS: How the Coronavirus is Impacting Evictions

As the Coronavirus pandemic continues to change the way our society functions, the legislature and the Massachusetts trial courts have enacted numerous orders to address the spread of the Coronavirus. The Commonwealth’s highest court endorsed an Order on April 1, 2020 which declared that only emergency matters will be heard by the Courts until May 4, 2020. The separate divisions of the trial courts (i.e., Superior Court Division, District Court Division, Housing Court Division) are responsible for defining which matters constitute

Read More »

Common Area Assessments Alert

Goldman & Pease advises its Massachusetts clients, particularly condominium associations, boards, and property managers, to pay close attention to a new emergency regulation from the Massachusetts Attorney General’s Office that directly prohibits a condominium association from initiating or threatening to initiate a lawsuit if a unit owner fails to pay condominium common area fees, assessments, fines and/or dues. The March 27, 2020 Emergency Addendum to the Attorney General’s Regulations (“Regulation”), “Unfair and Deceptive Debt Collection Practices During the State of Emergency

Read More »
Corporate Transparency Act Reporting Requirements for Condo Associations

The Corporate Transparency Act Reporting Requirements For Condominium Associations

By Howard S. Goldman, Esq. What is the Corporate Transparency Act? The Corporate Transparency Act (“CTA”) is a federal law enacted in 2021 to combat illicit activity including tax fraud, money laundering, and financing for terrorism by capturing more ownership information for specific U.S. businesses operating in or accessing the country’s markets. Businesses meeting certain criteria (including all state corporations, LLCs, condominium associations, and similar entities registered to do business) must register. Regulated companies must submit a Beneficial Ownership Information Report

Read More »

Understanding Petition to Partition in Massachusetts

As a property owner in Massachusetts, it is essential to understand your rights and options when it comes to managing your real estate holdings. One legal tool that can be used to resolve disputes over shared ownership of property is a petition to partition. We will explain what a petition to partition is, how it works, and what you should consider before pursuing this legal action. What is a petition to partition? A petition to partition is a legal action that

Read More »

Ruling Expands Duty Of Care Owed To Condominium Residents

Our condominium board, property managers and concierge clients should consider a recent ruling concerning the duty of care owed to condominium residents. In a recent trial court case, the Superior Court in Jason Field et al. vs. Highbridge Concierge, Inc., et al., carefully addressed the duty owed to a couple who were viciously murdered in their Boston penthouse by a property management ex-employee who exploited lapses in security to access the victims’ unit. The case expands the duty owed to residents

Read More »

Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »

CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Commonwealth Extends Eviction Moratorium. What this means for Commercial Landlords

Chapter 65 of the Acts of 2020 (i.e., An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency) (“Act”) was extended by Governor Baker. Our office drafted an Article on the Act as it relates to the Moratorium’s impact on residential evictions (“Moratorium”). This update will focus on the commercial landlord and its rights while the Moratorium is in effect. How Does the Moratorium Impact Commercial Landlords? The Moratorium prohibits any non-essential eviction of a “small business

Read More »

CORONAVIRUS: Collections Activities Now Allowed after Recent Court Decision

In a decision on Wednesday, May 6, 2020, Federal Court Judge Stearns granted a temporary injunction enjoining the Massachusetts Attorney General from enforcing its prohibition on certain debt collection activities during the COVID-19 State of Emergency. The decision found that the AG’s 90-day moratorium on debt collections activities was a violation of the First Amendment Rights of collection agencies without providing meaningful protections for consumers. We previously advised our Massachusetts clients to refrain from initiating collections procedures during this moratorium. Goldman

Read More »

CORONAVIRUS: Commonwealth Enacts Eviction/Foreclosure Moratorium

On April 20, 2020, Governor Baker signed Housing Bill 4647 (“House Bill”) into law. The Housing Bill provides for a moratorium (“Moratorium”) on evictions and foreclosures during the COVID-19 pandemic (i.e., a temporary prohibition on evictions and foreclosure).  The Moratorium has a severe impact on landlords and mortgage holders. The experienced attorneys at Goldman & Pease have carefully analyzed the Housing Bill and offer you pertinent information to assist you during this difficult time. When Does the Moratorium Expire? The Moratorium

Read More »

CORONAVIRUS: How the Coronavirus is Impacting Evictions

As the Coronavirus pandemic continues to change the way our society functions, the legislature and the Massachusetts trial courts have enacted numerous orders to address the spread of the Coronavirus. The Commonwealth’s highest court endorsed an Order on April 1, 2020 which declared that only emergency matters will be heard by the Courts until May 4, 2020. The separate divisions of the trial courts (i.e., Superior Court Division, District Court Division, Housing Court Division) are responsible for defining which matters constitute

Read More »

Common Area Assessments Alert

Goldman & Pease advises its Massachusetts clients, particularly condominium associations, boards, and property managers, to pay close attention to a new emergency regulation from the Massachusetts Attorney General’s Office that directly prohibits a condominium association from initiating or threatening to initiate a lawsuit if a unit owner fails to pay condominium common area fees, assessments, fines and/or dues. The March 27, 2020 Emergency Addendum to the Attorney General’s Regulations (“Regulation”), “Unfair and Deceptive Debt Collection Practices During the State of Emergency

Read More »
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