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

You may be the safest driver you know. Perhaps you always drive the speed limit, never drive even after one drink or after taking certain medication, and always obey the laws. However, when it comes to car accidents and negligence you can be held liable even if someone else was driving your car. There are different instances where even if you were not the driver you may be at fault if there is an accident. Here are a few of the

By Howard Goldman – Download PDF version A new generation of young professionals is looking for a means to enter the housing market.  Condominiums are an attractive price point and form of ownership for such new generation. To meet this demand, owners of rental housing are, in increasing number, considering converting their currently rented properties into condominiums, to be sold for a premium. A number of considerations enter into this decision, not the least of which is the applicable law. In