Our home owners association is fining residents.

Additional Information: We live in a 10 unit condominium complex in Chestnut Hill, and the home owners association is fining residents, but there is no statutory authority to do so.  Do we have to pay the fines?  I don’t want to be in “bad standing” with the HOA. What should we do? ATTORNEY ANSWER: The statement in your question that “there is no statutory authority” for trustees to fine unit owners is incorrect.  M.G.L. c. 183A Sec. 10(b) provides, in material

Read More »

October 27, 2012 – Condo Conference & Expo

A FREE all-day educational and networking event for Massachusetts Condo Board Members and Managers. Event: CAI Condo Conference & Expo Location: Best Western Royal Plaza Hotel, Marlboro, Massachusetts Time: 1:00 pm – 2:30 pm Register for this event Legal Questions in Condominiums – A Panel Discussion Condominium law is a complex puzzle of statutes, amendments, court rulings and case precedent.  Boards and professional managers are confronted with the challenge of keeping pace with an ever-changing legal environment.  This panel of seasoned condominium

Read More »

My business partner and I are in disagreement over her ownership percentage.

Additional Information: I started a business 6 months ago with a partner. We decided we’d see if the business is really viable before having a lawyer draft an agreement.  It was my business plan, I do the majority of the work, and I contributed more money to the venture than she did.  We work out of the apartment on my Newton property, I pay utilities and property tax.  My understanding was that the ownership was 60-40 in my favor. She now

Read More »

Does Massachusetts law require contracts between businesses to be in writing?

Additional Information: My business is being sued for a debt from a production company in Waltham who provided services and was only paid about 20% of the debt. We never got our film footage and there was no contract.   Does Mass law require contracts between businesses to be in writing? Our company cannot pay it now yet it could within the year and they would have been paid. Now the time we are wasting for the same end result makes me

Read More »

The lenders won’t sign paperwork for short sale.

Additional Information: I’m in the process of buying a home in Wayland on a short sale. The asking price had already been approved by the seller’s lenders, I offered it, and the lenders accepted. Now it’s been over 3 weeks and we can’t seem to get the lenders to return the signed paperwork so we can set yet another closing date. The house will go into foreclosure in about 2 weeks. What can we do? ATTORNEY ANSWER: Lender delays in processing

Read More »

What are some of the benefits of condo conversion?

Additional Information: What are some of the benefits of converting to condos?  My brother and I inherited a two family in Newton and we’re considering converting them to condos.  We may or may not move into the respective units. ATTORNEY ANSWER: The primary benefit to convert the two family building into a two unit condo is ease of sale and a basis to increase the sale price.  Newton is a strong market with much pent up demand at the lower price

Read More »

Breach of a Commercial Lease Agreement

Business Cards Overnight, Inc. doing business as Wholesale Printing Specialists v. Salvatore N. Lupoli and Nicholas A. Lupoli, Jr. As Trustees of The Riverwalk Realty Trust, II doing business a Riverwalk Partners, LLC and John S. Crowe, As Trustee of Riverwalk Realty Trust doing business as Riverwalk Development. Essex Superior Court, C.A. No. 2008-1867. This is an action for breach of a commercial lease in which G & P represented the Plaintiff/Tenant. The Plaintiff rented certain commercial space from the Defendant

Read More »

Radio Entrepreneurs Show on the Legal Pitfalls of Commercial and Residential Leasing

In case you missed our radio appearance on the Radio Entrepreneurs show, we are sending you the link to the entire segment. We spent quality air time discussing Commercial and Residential Leasing Issues such as evictions, subleases and assignments, self-help remedies, and liability for unfair and deceptive trade practices in the leasing context. Listen to Howard Goldman’s radio segment. You may also view the video feed of this interview below:

Read More »

Radio Entrepreneurs – Thursday, May 24 at 2pm

Attorney Howard Goldman will be appearing on the “Radio Entrepreneurs” Show. The show provides advice, information and connections for entrepreneurs, service providers and established companies. Tune into Radio Entrepreneurs  tomorrow, May 24 between 2-3 PM to hear my segment! Local Stations: WBNW 1120 AM – Needham, MA WPLM 1390 AM – Plymouth, MA WESO 970 AM – Southbridge, MA

Read More »

Evolving Trends in Massachusetts Premises Liability Law

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

Read More »

Our home owners association is fining residents.

Additional Information: We live in a 10 unit condominium complex in Chestnut Hill, and the home owners association is fining residents, but there is no statutory authority to do so.  Do we have to pay the fines?  I don’t want to be in “bad standing” with the HOA. What should we do? ATTORNEY ANSWER: The statement in your question that “there is no statutory authority” for trustees to fine unit owners is incorrect.  M.G.L. c. 183A Sec. 10(b) provides, in material

Read More »

October 27, 2012 – Condo Conference & Expo

A FREE all-day educational and networking event for Massachusetts Condo Board Members and Managers. Event: CAI Condo Conference & Expo Location: Best Western Royal Plaza Hotel, Marlboro, Massachusetts Time: 1:00 pm – 2:30 pm Register for this event Legal Questions in Condominiums – A Panel Discussion Condominium law is a complex puzzle of statutes, amendments, court rulings and case precedent.  Boards and professional managers are confronted with the challenge of keeping pace with an ever-changing legal environment.  This panel of seasoned condominium

Read More »

My business partner and I are in disagreement over her ownership percentage.

Additional Information: I started a business 6 months ago with a partner. We decided we’d see if the business is really viable before having a lawyer draft an agreement.  It was my business plan, I do the majority of the work, and I contributed more money to the venture than she did.  We work out of the apartment on my Newton property, I pay utilities and property tax.  My understanding was that the ownership was 60-40 in my favor. She now

Read More »

Does Massachusetts law require contracts between businesses to be in writing?

Additional Information: My business is being sued for a debt from a production company in Waltham who provided services and was only paid about 20% of the debt. We never got our film footage and there was no contract.   Does Mass law require contracts between businesses to be in writing? Our company cannot pay it now yet it could within the year and they would have been paid. Now the time we are wasting for the same end result makes me

Read More »

The lenders won’t sign paperwork for short sale.

Additional Information: I’m in the process of buying a home in Wayland on a short sale. The asking price had already been approved by the seller’s lenders, I offered it, and the lenders accepted. Now it’s been over 3 weeks and we can’t seem to get the lenders to return the signed paperwork so we can set yet another closing date. The house will go into foreclosure in about 2 weeks. What can we do? ATTORNEY ANSWER: Lender delays in processing

Read More »

What are some of the benefits of condo conversion?

Additional Information: What are some of the benefits of converting to condos?  My brother and I inherited a two family in Newton and we’re considering converting them to condos.  We may or may not move into the respective units. ATTORNEY ANSWER: The primary benefit to convert the two family building into a two unit condo is ease of sale and a basis to increase the sale price.  Newton is a strong market with much pent up demand at the lower price

Read More »

Breach of a Commercial Lease Agreement

Business Cards Overnight, Inc. doing business as Wholesale Printing Specialists v. Salvatore N. Lupoli and Nicholas A. Lupoli, Jr. As Trustees of The Riverwalk Realty Trust, II doing business a Riverwalk Partners, LLC and John S. Crowe, As Trustee of Riverwalk Realty Trust doing business as Riverwalk Development. Essex Superior Court, C.A. No. 2008-1867. This is an action for breach of a commercial lease in which G & P represented the Plaintiff/Tenant. The Plaintiff rented certain commercial space from the Defendant

Read More »

Radio Entrepreneurs Show on the Legal Pitfalls of Commercial and Residential Leasing

In case you missed our radio appearance on the Radio Entrepreneurs show, we are sending you the link to the entire segment. We spent quality air time discussing Commercial and Residential Leasing Issues such as evictions, subleases and assignments, self-help remedies, and liability for unfair and deceptive trade practices in the leasing context. Listen to Howard Goldman’s radio segment. You may also view the video feed of this interview below:

Read More »

Radio Entrepreneurs – Thursday, May 24 at 2pm

Attorney Howard Goldman will be appearing on the “Radio Entrepreneurs” Show. The show provides advice, information and connections for entrepreneurs, service providers and established companies. Tune into Radio Entrepreneurs  tomorrow, May 24 between 2-3 PM to hear my segment! Local Stations: WBNW 1120 AM – Needham, MA WPLM 1390 AM – Plymouth, MA WESO 970 AM – Southbridge, MA

Read More »

Evolving Trends in Massachusetts Premises Liability Law

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

Read More »
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