I. Introduction Instances of home-sharing or short term rentals have skyrocketed in recent years due to the rise in popularity of websites such as Airbnb.com, homeaway.com and vrbo.com. For a small fee, these websites connect homeowners with potential renters who are interested in finding a place to stay for as little as one night at a time. Homeowners can make a significant profit by allowing renters nightly use of their entire home or even a single bedroom therein, especially in major

I. Introduction Over the past several decades, the number of employers hiring independent contractors, consultants, freelancers, temps, part-timers, and contingent employees has increased significantly. Hiring independent contractors tends to provide employers with substantial financial savings, flexibility in staffing projects and greater efficiency due to the specialized expertise of the worker. Additionally, many workers prefer independent contract work because they reject the traditional 9-5, long-term employment under one employer in favor of the flexibility, diversity and freedom that comes with working as

Question: I’m concerned about the legality of some of the decisions made by the board in my condo community. When I asked the association’s attorney for advice, he told me he represents the board and can’t advise individual owners. This seems wrong to me. Owners pay the attorneys’ legal fees through our assessments. Shouldn’t the attorney be looking out for our interest, not the board’s? Answer: Cameron Pease, Esq., a partner in Goldman & Pease, LLC, says he gets this question

By Howard Goldman I. Introduction A mechanic’s lien is a statutorily created lien against real property, the purpose of which is to secure a contractor’s right to payment for services rendered and materials supplied in connection with the improvement of real estate. In this Client Update, we will briefly explain the requirements of the Massachusetts mechanic’s lien statute and how it works. We will explore legal developments relating to the statute, including what constitutes a “written contract” in this evolving digital

By: Howard S. Goldman, Esq. It just keeps coming. The past two weeks have seen record-setting winter conditions in the Greater Boston area. Repeated snowstorms and freezing temperatures have prompted many school districts in the area to cancel or delay as many as six days of classes. Like schools, businesses and property owners should be mindful of the effect of winter conditions on their operations to ensure safety and minimize liability and to avoid fines for failure to remove snow. This

By Howard Goldman Neighborly relations may turn sour quickly when disputes arise over property boundaries. A deed alone will not protect you from boundary line disputes. A neighbor may assert an ownership claim over part of your land through a doctrine known as Adverse Possession. Some examples of Adverse Possession claims are as follows: A fence is mistakenly or even intentionally located several feet away from the boundary line. Over time, the property owners act as if the fence marks the

By Howard Goldman Introduction Maintaining condominium board meeting minutes is a practice that has the potential to engage unit owners, foster transparency, and help solve various difficulties facing a condominium. The questions and answers set forth below will cover policies and protocol for taking and retaining condominium board meeting minutes. It will explain what must be included, what can be included, and what should not be included in the minutes. Question: Does a condominium have to keep meeting minutes? What should

By:  Howard S. Goldman, Esq. The condominium structure has been built, the infrastructure and amenities are in order, and unit owners are starting to buy – it’s transition time.  And while it may seem inevitable that control of a condominium will somehow shift from a developer to an association of the unit owners, failure to attend to many crucial considerations can lead to inefficiency, uncertainty, and contentiousness between all the parties involved.  This Client Update explores some of the transitional matters

By:  Howard S. Goldman, Esq. Introduction It’s a hot-button topic producing scientific studies, legal changes, and a whole lot of frustration on the part of condominium owners.  It’s secondhand smoke.  And since January 1, 2013, in Massachusetts, the issue isn’t limited to cigarettes, but includes medical marijuana as well.  The furor over secondhand smoke has led to lawsuits, both against smoking unit owners and condominium associations.  This Client Update canvases the legal landscape relating to secondhand smoke in condominiums and suggests

By Howard Goldman Seemingly small failures in the process of notarizing a mortgage can make enforcement of the terms and conditions of such document difficult.  One crucial step in the notary process is proper acknowledgment.  An acknowledgment is a formal statement of the notary that the signor’s execution of the mortgage was his or her “free act and deed.”  Massachusetts law provides, “The acknowledgment of a [mortgage] . . .shall be by one or more of the grantors or by the