Legal Resources: Articles

Condominium Insurance: Waiver of Subrogation

I. Introduction Imagine arriving home to your condominium after a long day of work, opening the door to your unit, and being confronted with several inches of standing water. You enter your unit to the sound of dripping and look up to see that the ceiling in your living room is completely saturated with water. Upon further investigation, you discover that a leaking water supply valve in your upstairs neighbor’s unit has caused the serious water damage. Who is responsible for

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Required Deleading in Condominiums and Rental Properties

What Owners, Landlords, and Property Managers Need to Know By: Howard S. Goldman, Esq. While lead-based paint, having been banned in 1978, may seem like a distant memory for most of us, the presence of lead-based paint in older condominiums and apartment buildings poses some very real challenges for landlords and property managers today. The state and federal laws with respect to lead-based paint set up a strict set of rules for residential property owners and managers which must be adhered

Read More »

Estate Planning – Is it for you?

By Howard S. Goldman, Esq. Some people think that estate planning is only for wealthy individuals subject to large taxes. But minimizing estate tax liability is only one reason for estate planning. Consider these six additional reasons for completing an estate plan: 1. Determining who shall receive a share of your assets; 2. Deciding how and when your beneficiaries shall receive their inheritance; 3. Selecting an executor for your estate and a guardian for your children: 4. Providing for the orderly

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »

The Rise Of Airbnb: What Condominium Associations Need To Know About Short Term Rentals

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

Read More »

Risky Business: Why Employers Should Beware of Hiring Independent Contractors

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

Read More »

Does the Condo Association Attorney Represent the Board or Owners?

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

Read More »

Development of the Mechanic’s Lien and What it May Mean for You

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

Read More »

Condominium Insurance: Waiver of Subrogation

I. Introduction Imagine arriving home to your condominium after a long day of work, opening the door to your unit, and being confronted with several inches of standing water. You enter your unit to the sound of dripping and look up to see that the ceiling in your living room is completely saturated with water. Upon further investigation, you discover that a leaking water supply valve in your upstairs neighbor’s unit has caused the serious water damage. Who is responsible for

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Required Deleading in Condominiums and Rental Properties

What Owners, Landlords, and Property Managers Need to Know By: Howard S. Goldman, Esq. While lead-based paint, having been banned in 1978, may seem like a distant memory for most of us, the presence of lead-based paint in older condominiums and apartment buildings poses some very real challenges for landlords and property managers today. The state and federal laws with respect to lead-based paint set up a strict set of rules for residential property owners and managers which must be adhered

Read More »

Estate Planning – Is it for you?

By Howard S. Goldman, Esq. Some people think that estate planning is only for wealthy individuals subject to large taxes. But minimizing estate tax liability is only one reason for estate planning. Consider these six additional reasons for completing an estate plan: 1. Determining who shall receive a share of your assets; 2. Deciding how and when your beneficiaries shall receive their inheritance; 3. Selecting an executor for your estate and a guardian for your children: 4. Providing for the orderly

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »

The Rise Of Airbnb: What Condominium Associations Need To Know About Short Term Rentals

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

Read More »

Risky Business: Why Employers Should Beware of Hiring Independent Contractors

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

Read More »

Does the Condo Association Attorney Represent the Board or Owners?

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

Read More »

Development of the Mechanic’s Lien and What it May Mean for You

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

Read More »
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