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Legal Resources: Articles

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 »

COVID-19: A Message to our clients

As the wide-spread impact of COVID-19 (coronavirus) is evolving, we at Goldman & Pease are taking active measures to protect the well-being of our employees, clients, guests, and the community at large, while also ensuring that we will continue to meet our clients’ legal needs. From remote work, to telecommuting, to online and teleconferences court appearances, we have in place systems to minimize the risk of transmission related to firm business. As a small, close-knit group of litigators and providers of

Read More »

Coronavirus: What Steps Should Condo Associations take?

Community associations are wisely thinking about how to meet daily responsibilities while mitigating the spread of this virus. According to the CDC’s current information, person-to-person spread is occurring between people in close contact (within about 6 feet), through respiratory droplets produced when an infected person coughs or sneezes.  Some spread might be possible before people show symptoms, but this is currently not thought to be the main way the virus spreads. While there are still unknowns about the virus’s transmission, Goldman

Read More »

Airbnb Legislative Update: Massachusetts’ New Rules

By: Howard S. Goldman, Esq.* – Airbnb – you either love it or you hate it. With roughly 1 in 10 U.S. adults using short-term accommodations, their popularity is undeniable. And for the millions who vacation in Massachusetts each year, short-term rental sites offer a wide range of price points in a state notorious for its lack of mid-priced accommodations at premier tourist draws: Boston, Cape Cod, and the Berkshires. But other populations are decidedly less enamored by the ascent of

Read More »

Wednesday, February 12, 2020 – Legal Marijuana Update

Current State 33 states, D.C., Guam, Puerto Rico, and the US Virgin Islands have legalized medical marijuana 11 states and D.C. have legalized recreational use October 2018 Canada legalized marijuana federally, being the first G7 country to do so Mexico’s Supreme Court ruled marijuana prohibition unconstitutional, paving the way for federal legalization Recent Pew Poll shows that 67% of Americans think all marijuana use should be legalized, 91% support legalizing medical marijuana Farm Bill signed in 2018 legalizes hemp production in

Read More »

Evicting a Problem Tenant

By: Howard S. Goldman and Eric T. Thulin Most residential landlord/tenant relationships begin and end without any problems or concerns. However, when landlords find themselves dealing with a tenant who continuously violates the terms and conditions of the tenancy, the landlord often feels like they are without recourse. Massachusetts is an extremely tenant-friendly state with a long history of statutes and case precedent which has enhanced the rights of tenants and made it very difficult for landlords to sustain and succeed

Read More »

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Read More »

Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors.  Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary.  This means that a mechanic’s lien does not require court approval before it is perfected.  Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

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 »

COVID-19: A Message to our clients

As the wide-spread impact of COVID-19 (coronavirus) is evolving, we at Goldman & Pease are taking active measures to protect the well-being of our employees, clients, guests, and the community at large, while also ensuring that we will continue to meet our clients’ legal needs. From remote work, to telecommuting, to online and teleconferences court appearances, we have in place systems to minimize the risk of transmission related to firm business. As a small, close-knit group of litigators and providers of

Read More »

Coronavirus: What Steps Should Condo Associations take?

Community associations are wisely thinking about how to meet daily responsibilities while mitigating the spread of this virus. According to the CDC’s current information, person-to-person spread is occurring between people in close contact (within about 6 feet), through respiratory droplets produced when an infected person coughs or sneezes.  Some spread might be possible before people show symptoms, but this is currently not thought to be the main way the virus spreads. While there are still unknowns about the virus’s transmission, Goldman

Read More »

Airbnb Legislative Update: Massachusetts’ New Rules

By: Howard S. Goldman, Esq.* – Airbnb – you either love it or you hate it. With roughly 1 in 10 U.S. adults using short-term accommodations, their popularity is undeniable. And for the millions who vacation in Massachusetts each year, short-term rental sites offer a wide range of price points in a state notorious for its lack of mid-priced accommodations at premier tourist draws: Boston, Cape Cod, and the Berkshires. But other populations are decidedly less enamored by the ascent of

Read More »

Wednesday, February 12, 2020 – Legal Marijuana Update

Current State 33 states, D.C., Guam, Puerto Rico, and the US Virgin Islands have legalized medical marijuana 11 states and D.C. have legalized recreational use October 2018 Canada legalized marijuana federally, being the first G7 country to do so Mexico’s Supreme Court ruled marijuana prohibition unconstitutional, paving the way for federal legalization Recent Pew Poll shows that 67% of Americans think all marijuana use should be legalized, 91% support legalizing medical marijuana Farm Bill signed in 2018 legalizes hemp production in

Read More »

Evicting a Problem Tenant

By: Howard S. Goldman and Eric T. Thulin Most residential landlord/tenant relationships begin and end without any problems or concerns. However, when landlords find themselves dealing with a tenant who continuously violates the terms and conditions of the tenancy, the landlord often feels like they are without recourse. Massachusetts is an extremely tenant-friendly state with a long history of statutes and case precedent which has enhanced the rights of tenants and made it very difficult for landlords to sustain and succeed

Read More »

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Read More »

Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors.  Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary.  This means that a mechanic’s lien does not require court approval before it is perfected.  Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »
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