What Property Owners, Managers and Trustees Of Mixed-Use Buildings Need to Know About Changes to Massachusetts’ Strict Liability Law By Howard S. Goldman, Esq. As recently reported in Massachusetts Lawyers Weekly, a Massachusetts Housing Court Justice recently held in the case of Sheehan v. Weaver that an owner of a structure with three residential apartments above a commercial unit could be held strictly liable for injuries suffered by an intoxicated residential tenant who fell off a balcony due to a defective

What You Should Know About Accumulation of Snow and Ice By: Howard S. Goldman What is the winter forecast for this year? According to the managing editor of the Farmer’s Almanac, “New England and Massachusetts are going to have a very stormy and snowy winter on tap.”  As we approach the upcoming New England Winter, it is important for business and property owners alike to keep abreast of the latest developments and trends in Massachusetts law to minimize the exposure to

The American dream of one day owning your own business and being your own boss is often considered.  After years of hard work and savings, you finally purchase your own business. Within 6 months of purchase, however, your business is closed, and to make matters worse, you have signed a personal guaranty on a long term lease and are considering filing for personal bankruptcy protection. Unfortunately, the attorneys at Goldman & Pease LLC have seen this happens all too often. We

By Goldman and Pease  Massachusetts Superior Court takes a bite out of a Board’s ability to treat fines for violations of restriction on the private use of units as “Common Expenses”. A recent Massachusetts Superior Court case, Trustees of The Beacon On The Charles Condominium Trust v. Bruce Adler, et. al. (“Beacon Case”),  may drastically change the ability of  a Board to treat fines for violations of restrictions on the private use of units as “common expenses,” unless the restriction is

Lenders initiating foreclosure proceeding in the City of Boston and many other cities across Massachusetts can no longer shirk their responsibilities of maintaining vacant properties By: Howard S Goldman, Esq. As a result of the deteriorating economic climate in Massachusetts and nationwide, there has been a significant increase in the amount of foreclosure proceedings on residential properties, including condominium units.   A lender may initiate foreclosure proceedings in many ways; by taking possession of a property if the owner does not oppose

By Howard S. Goldman, Esq. The Homestead Law is changing soon, effective date March 16, 2011, to provide an automatic $125,000 in protection to homeowners from debt collectors. Under the new Homestead Law, homeowners no longer need to file a Declaration of Homestead in order to obtain protection of up to $125,000 in home equity from creditors. While the protection for the initial $125,000 is automatic, homeowners, who hold more than $125,000 in equity in their home, must still file a