Negligent Entrustment: What You Need to Know When Someone Else Drives Your Automobile in Massachusetts

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

Read More »

How can our condo association get a neighbor to pay her condo fees?

Additional Information:  I live in a 5 unit condominium building in Boston, MA.  The owner of the unit next to mine stopped paying her condominium fees months ago. The condominium association asked her several times to pay the fees, and she said she would pay, but she has yet to do so.  For the past several weeks, I have not seen her in the building, she no longer picks up her mail from her mailbox and the utility company placed a

Read More »

January 7, 2014 – Property Managers Seminar

Event: IREM TRAPS FOR THE UNWARY PROPERTY MANAGER SEMINAR Instructors Howard Goldman and Cameron Pease Location: The Simon Companies Office Training Site 639 Granite Street, Lower Level Conference Room Braintree, MA 02184 Phone: 781-848-2500 Time: 8:30am to 11:30am Register for Seminar by clicking here Summary The course will address changing legal issues that Massachusetts property managers should consider, in light of recent case law, and legislative changes in such areas as the new Medical Marijuana laws passed on Ballot Question 3

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Considerations Before Converting Your Residential Rental Income Property Into Condominiums

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

Read More »

What are my rights as a tenant of a commercial lease agreement?

Additional Information: I’ve recently exited a commercial lease in Brookline in good standing, however, the landlord has sent a letter indicating there are deficiency repairs that I deem unreasonable in the amount of about $10,000.00 for a one year lease with monthly rent of $2,300.00. I find that unreasonable and would like to know what consequences I would face if I decide not to comply. Would I need to hire an attorney to represent me? Answer: You are smart to evaluate

Read More »

Issues to Consider When Buying Commercial Property

The Impact Of Acquiring A Tenant By Howard Goldman and Cameron Pease Question: Can a new owner of a commercial property break the lease with an existing tenant once the sale is final? We are looking into purchasing a building in Newton that is zoned commercial to use for our business. The current owner just signed a 3-year lease with the lessee that is currently occupying the building. Can we make an offer of the property contingent upon negotiating to have

Read More »

What Is Doing Business In Massachusetts?

By Howard Goldman and Cameron Pease Question: My company offers chiropractic services and is registered as an LLC in Massachusetts.  I plan to move my company to Florida this year.  I will be licensed to practice in both states.  If I am only in Massachusetts on a limited basis where I am seeing a handful of patients or running an occasional seminar. Considering the fact that I will be providing these temporary services, do I need to register as a foreign

Read More »

How is land divided for condo conversion?

Additional Information: The property and lot in Westwood doesn’t isn’t easy to “split”.  It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back.  We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos. ATTORNEY ANSWER: You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”.

Read More »

Converting a 4 unit apartment building into condos.

Additional Information: I currently live in a 4-unit apartment building in Dedham.  My grandmother owns the building and is considering converting the units to condos. What are the steps she would need to take? Can she convert one at a time or do you have to convert the property in its entirety? ATTORNEY ANSWER: First, let me say that your grandmother seems like a shrewd business woman. Often times the conversion of a multi-family apartment building into a condominium can result

Read More »

Our Newton condo was damaged by fire in neighbor’s unit.

Additional Information: I live in a 3 unit condo building in Newton and my unit has been damaged as a result of a fire in our neighbor’s unit. I’ve had some contractors give estimates so I know that the estimate settlement from the Association’s Insurance company won’t cover the repairs.  How do I dispute the amount with the Association’s insurance? Do I need to get a condo lawyer involved? ATTORNEY ANSWER: First, based upon your question, it appears that your claim

Read More »

Negligent Entrustment: What You Need to Know When Someone Else Drives Your Automobile in Massachusetts

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

Read More »

How can our condo association get a neighbor to pay her condo fees?

Additional Information:  I live in a 5 unit condominium building in Boston, MA.  The owner of the unit next to mine stopped paying her condominium fees months ago. The condominium association asked her several times to pay the fees, and she said she would pay, but she has yet to do so.  For the past several weeks, I have not seen her in the building, she no longer picks up her mail from her mailbox and the utility company placed a

Read More »

January 7, 2014 – Property Managers Seminar

Event: IREM TRAPS FOR THE UNWARY PROPERTY MANAGER SEMINAR Instructors Howard Goldman and Cameron Pease Location: The Simon Companies Office Training Site 639 Granite Street, Lower Level Conference Room Braintree, MA 02184 Phone: 781-848-2500 Time: 8:30am to 11:30am Register for Seminar by clicking here Summary The course will address changing legal issues that Massachusetts property managers should consider, in light of recent case law, and legislative changes in such areas as the new Medical Marijuana laws passed on Ballot Question 3

Read More »

Considerations Before Converting Your Residential Rental Income Property Into Condominiums

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

Read More »

What are my rights as a tenant of a commercial lease agreement?

Additional Information: I’ve recently exited a commercial lease in Brookline in good standing, however, the landlord has sent a letter indicating there are deficiency repairs that I deem unreasonable in the amount of about $10,000.00 for a one year lease with monthly rent of $2,300.00. I find that unreasonable and would like to know what consequences I would face if I decide not to comply. Would I need to hire an attorney to represent me? Answer: You are smart to evaluate

Read More »

Issues to Consider When Buying Commercial Property

The Impact Of Acquiring A Tenant By Howard Goldman and Cameron Pease Question: Can a new owner of a commercial property break the lease with an existing tenant once the sale is final? We are looking into purchasing a building in Newton that is zoned commercial to use for our business. The current owner just signed a 3-year lease with the lessee that is currently occupying the building. Can we make an offer of the property contingent upon negotiating to have

Read More »

What Is Doing Business In Massachusetts?

By Howard Goldman and Cameron Pease Question: My company offers chiropractic services and is registered as an LLC in Massachusetts.  I plan to move my company to Florida this year.  I will be licensed to practice in both states.  If I am only in Massachusetts on a limited basis where I am seeing a handful of patients or running an occasional seminar. Considering the fact that I will be providing these temporary services, do I need to register as a foreign

Read More »

How is land divided for condo conversion?

Additional Information: The property and lot in Westwood doesn’t isn’t easy to “split”.  It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back.  We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos. ATTORNEY ANSWER: You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”.

Read More »

Converting a 4 unit apartment building into condos.

Additional Information: I currently live in a 4-unit apartment building in Dedham.  My grandmother owns the building and is considering converting the units to condos. What are the steps she would need to take? Can she convert one at a time or do you have to convert the property in its entirety? ATTORNEY ANSWER: First, let me say that your grandmother seems like a shrewd business woman. Often times the conversion of a multi-family apartment building into a condominium can result

Read More »

Our Newton condo was damaged by fire in neighbor’s unit.

Additional Information: I live in a 3 unit condo building in Newton and my unit has been damaged as a result of a fire in our neighbor’s unit. I’ve had some contractors give estimates so I know that the estimate settlement from the Association’s Insurance company won’t cover the repairs.  How do I dispute the amount with the Association’s insurance? Do I need to get a condo lawyer involved? ATTORNEY ANSWER: First, based upon your question, it appears that your claim

Read More »
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