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Legal Resources: Articles

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 »

NEWS ALERT FOR AIR BNB RENTALS

On June 13, 2018, the Boston City Council passed a new Ordinance that will prohibit investors from engaging in short-term rentals of their units. Homeowners, on the other hand, will still be allowed to rent out their homes by the night, and owner-occupants of two-family and three-family houses will be permitted to rent out one unit. The short-term rental business is rapidly growing in Boston, and websites such as Airbnb are becoming increasingly popular. As a result, more and more homes

Read More »

Shared Living in the Small Condominium Setting: Rights and Obligations of Unit Owners and Trustees

By Howard Goldman – With the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an aging parent, a basement apartment for a long-term tenant or sprucing up a guest room to rent via AirBnB, many homeowners are embracing shared living as the way of the future. Shared living arrangements provide many benefits to individual homeowners

Read More »

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Real Estate Legal Update 2018

By Howard Goldman –       I.            Introduction Changes resulting from the Tax Cuts and Jobs Act of 2018, may make this new tax year a true game changer for the real estate market.  Our update prepares you with an understanding of the key changes and how they affect the real estate market. Looking at buying a new property?  In the digital age, emails and texts can blur the lines between informal communications and a formal contract.  Follow the Five Commandments of

Read More »

Commercial Real Estate Leases: Planning Ahead for Early Termination

Long term leases of commercial real estate offer landlords a steady and reliable stream of income and provide tenants with an established business presence in a particular neighborhood. However, those benefits may be short lived in the event of an early termination of the lease. Early terminations are typically caused by tenants who default under lease provisions but they may also be caused by landlords who choose to sell the property during the term of the lease. This article will address

Read More »

Real Estate in the Digital Age

Preventing the Simple Email or Text from Becoming a Formal Contract I. Introduction Gone are the days when parties brokering a real estate transaction entered into a formal, written contract by first reaching for paper and ink. Today, a cell phone and a zealous broker is all that it may take to enter into a binding agreement. The ubiquity of technology has made communications via email and text message both convenient and now, with recent case law, potentially risky. In a

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

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 »

NEWS ALERT FOR AIR BNB RENTALS

On June 13, 2018, the Boston City Council passed a new Ordinance that will prohibit investors from engaging in short-term rentals of their units. Homeowners, on the other hand, will still be allowed to rent out their homes by the night, and owner-occupants of two-family and three-family houses will be permitted to rent out one unit. The short-term rental business is rapidly growing in Boston, and websites such as Airbnb are becoming increasingly popular. As a result, more and more homes

Read More »

Shared Living in the Small Condominium Setting: Rights and Obligations of Unit Owners and Trustees

By Howard Goldman – With the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an aging parent, a basement apartment for a long-term tenant or sprucing up a guest room to rent via AirBnB, many homeowners are embracing shared living as the way of the future. Shared living arrangements provide many benefits to individual homeowners

Read More »

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Real Estate Legal Update 2018

By Howard Goldman –       I.            Introduction Changes resulting from the Tax Cuts and Jobs Act of 2018, may make this new tax year a true game changer for the real estate market.  Our update prepares you with an understanding of the key changes and how they affect the real estate market. Looking at buying a new property?  In the digital age, emails and texts can blur the lines between informal communications and a formal contract.  Follow the Five Commandments of

Read More »

Commercial Real Estate Leases: Planning Ahead for Early Termination

Long term leases of commercial real estate offer landlords a steady and reliable stream of income and provide tenants with an established business presence in a particular neighborhood. However, those benefits may be short lived in the event of an early termination of the lease. Early terminations are typically caused by tenants who default under lease provisions but they may also be caused by landlords who choose to sell the property during the term of the lease. This article will address

Read More »

Real Estate in the Digital Age

Preventing the Simple Email or Text from Becoming a Formal Contract I. Introduction Gone are the days when parties brokering a real estate transaction entered into a formal, written contract by first reaching for paper and ink. Today, a cell phone and a zealous broker is all that it may take to enter into a binding agreement. The ubiquity of technology has made communications via email and text message both convenient and now, with recent case law, potentially risky. In a

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

Read More »
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