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Legal Resources: Articles

Form LLC or Corporation

Should I Form an LLC or Corporation in Massachusetts?

Starting a business in Massachusetts requires important legal and financial decisions, and one of the first is choosing the right business structure. Many entrepreneurs ask: Should I form an LLC or a corporation in Massachusetts? The answer depends on your business goals, ownership structure, tax preferences, and long-term growth plans. Understanding the differences between a Massachusetts Limited Liability Company (LLC) and a Massachusetts corporation can help you make an informed decision that protects your interests and positions your business for success. What

Read More »
Business Partner Breaches the Partnership Agreement

What Can I Do If a Business Partner Breaches the Partnership Agreement?

Business partnerships are built on trust, shared goals, and clearly defined responsibilities. When one partner breaches the partnership agreement, that trust can quickly erode, putting the business, and its future, at risk. In Massachusetts, a breach of a partnership, operating, or shareholder agreement can give rise to serious legal claims and may require swift action to protect the company and the non-breaching partners. What Is Considered a Breach of a Partnership Agreement? A breach occurs when a partner fails to comply

Read More »
Adverse Possession in MA

Adverse Possession and Property Line Disputes in Massachusetts

Property line disputes are a common source of conflict between neighbors in Massachusetts, particularly when fences, driveways, sheds, or landscaping encroach across boundary lines. One legal doctrine that often arises in these disputes is adverse possession, which can result in a transfer of ownership without a traditional sale or deed. What Is Adverse Possession? Under Massachusetts law, a person may acquire legal title to another’s property through adverse possession if they can prove actual, open, notorious, exclusive, and adverse use of

Read More »
Mechanic’s Liens in Massachusetts

Understanding Mechanic’s Liens in Massachusetts

Unfortunately, contractors, subcontractors, suppliers, architects and engineers get stiffed on their bills every day from either property owners or others who have hired them. The good news is that in Massachusetts these types of businesses and entities have a tool in their arsenal which may assist them in collection efforts which is not available for typical creditors and that is a Mechanic’s lien. Mechanic’s liens are a powerful—but highly technical—tool available to contractors, subcontractors, and suppliers who have not been paid

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 »
Form LLC or Corporation

Should I Form an LLC or Corporation in Massachusetts?

Starting a business in Massachusetts requires important legal and financial decisions, and one of the first is choosing the right business structure. Many entrepreneurs ask: Should I form an LLC or a corporation in Massachusetts? The answer depends on your business goals, ownership structure, tax preferences, and long-term growth plans. Understanding the differences between a Massachusetts Limited Liability Company (LLC) and a Massachusetts corporation can help you make an informed decision that protects your interests and positions your business for success. What

Read More »
Business Partner Breaches the Partnership Agreement

What Can I Do If a Business Partner Breaches the Partnership Agreement?

Business partnerships are built on trust, shared goals, and clearly defined responsibilities. When one partner breaches the partnership agreement, that trust can quickly erode, putting the business, and its future, at risk. In Massachusetts, a breach of a partnership, operating, or shareholder agreement can give rise to serious legal claims and may require swift action to protect the company and the non-breaching partners. What Is Considered a Breach of a Partnership Agreement? A breach occurs when a partner fails to comply

Read More »
Adverse Possession in MA

Adverse Possession and Property Line Disputes in Massachusetts

Property line disputes are a common source of conflict between neighbors in Massachusetts, particularly when fences, driveways, sheds, or landscaping encroach across boundary lines. One legal doctrine that often arises in these disputes is adverse possession, which can result in a transfer of ownership without a traditional sale or deed. What Is Adverse Possession? Under Massachusetts law, a person may acquire legal title to another’s property through adverse possession if they can prove actual, open, notorious, exclusive, and adverse use of

Read More »
Mechanic’s Liens in Massachusetts

Understanding Mechanic’s Liens in Massachusetts

Unfortunately, contractors, subcontractors, suppliers, architects and engineers get stiffed on their bills every day from either property owners or others who have hired them. The good news is that in Massachusetts these types of businesses and entities have a tool in their arsenal which may assist them in collection efforts which is not available for typical creditors and that is a Mechanic’s lien. Mechanic’s liens are a powerful—but highly technical—tool available to contractors, subcontractors, and suppliers who have not been paid

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 »
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