I got evicted from my apartment in Ashland, MA.

Additional Information: I missed my court date regarding the eviction, and the judge found in favor of my landlord.  Is there anything I can do? The eviction was for non-payment of rent.  I stopped paying rent because the landlord would not complete repairs on my apt. I am a tenant at will and pay rent weekly. ATTORNEY ANSWER: You should file a Motion to Remove Default and request that you be allowed to file an answer and counterclaims late. You should

Read More »

Can I withhold condominium fees in Massachusetts?

Additional Information: I remember when I was a student and renting an apartment in Boston my roommates and I once withheld rent from our landlord to get him to make repairs to our stove and water heater. Now, a bit older, my wife and I own a condominium unit in Westwood, MA that suffered water damage to the ceiling in our living room as a result of a leak in the roof that the condominium association has, to this date, refused

Read More »

Adverse Possession details: building on land in Boston Metro area

Additional Information: If one were to begin maintaining and occupying land to claim through adverse possession, is it possible to build a dwelling/building IE: house and/or garage on said land? Legally? What about taxes/permits/etc?  If this land was to be reclaimed by the owner before the 20year period, what would happen to the dwelling/building? ATTORNEY ANSWER: Home ownership through adverse possession is not a good strategy. Typically, claims of adverse possession arise when two neighboring homeowners do not know exactly where

Read More »

Tacking and Adverse Possession in Needham, MA

Additional Information: About ten years ago I bought my home in Needham MA from my dad who is still alive. He had built a garage many (25) years ago and part of it was built on a neighboring parcel of land owned by a corporation. Two questions:  Can I now assert adverse possession to claim the land the garage is built on? How would the tacking work? In other words, if my dad was ‘trespassing’ for 15 years and then he

Read More »

Can a MA landlord choose not to renew the lease on college students?

Additional Information: I am a landlord with  rental properties in Dedham MA.  As a landlord, do I have the ability to evict a tenant at the end of the lease term for no reason?  There is nothing on the lease suggesting the tenant has a right to renew. And no clause for renewing. So is it even called eviction if the landlord simply chooses not to renew the lease on college students? ATTORNEY ANSWER: No it’s not called an eviction. The

Read More »

We applied for an apartment in Framingham, MA and I think the landlord discriminated against us.

Additional Information: I am looking for an apartment for me and my mother to live together. She is legal resident of the US.  We found an apartment in Framingham, MA and the landlord refused to rent to us when I told him that my mother will live with me. Is this legal? Can I report it to housing for senior discrimination?  What will happen to this landlord? ATTORNEY ANSWER: M.G.L. c. 151B Sec. 4 prohibits descrimination in housing on the basis

Read More »

In MA, what legal penalties can occur from doing non-structural construction work without a Home Improvement License?

Additional Information: I moved to MA from NY and was unaware that I was supposed to have a Home Improvement License to do any work in the state. I contracted into a painting job at a residence in Natick, MA not knowing this and the local building inspector was made aware that I was not properly licensed to do this work. I am obviously taking the steps to obtain this license now which is just a one hundred dollar fee but

Read More »

October 22, 2011 – CAI Annual Conference & Expo

 October 22: 8:00 am – 2:30 pm Community Associations Institute Annual Conference & Expo – Register for event Best Western Royal Plaza Hotel, Marlborough, MA Providing Answers and Resources for Volunteer Leaders, Homeowners & Managers On October 22nd, hundreds of community association decision makers, industry professionals and service providers will be at this year’s Annual Conference & Expo at the Best Western Royal Plaza Hotel in Marlborough, MA. Don’t miss the highlight of the Chapter’s programming calendar year! Cutting edge solutions

Read More »

Court takes a bite out of condo Board’s ability to treat fines as “Common Expenses”

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

Read More »

I got evicted from my apartment in Ashland, MA.

Additional Information: I missed my court date regarding the eviction, and the judge found in favor of my landlord.  Is there anything I can do? The eviction was for non-payment of rent.  I stopped paying rent because the landlord would not complete repairs on my apt. I am a tenant at will and pay rent weekly. ATTORNEY ANSWER: You should file a Motion to Remove Default and request that you be allowed to file an answer and counterclaims late. You should

Read More »

Can I withhold condominium fees in Massachusetts?

Additional Information: I remember when I was a student and renting an apartment in Boston my roommates and I once withheld rent from our landlord to get him to make repairs to our stove and water heater. Now, a bit older, my wife and I own a condominium unit in Westwood, MA that suffered water damage to the ceiling in our living room as a result of a leak in the roof that the condominium association has, to this date, refused

Read More »

Adverse Possession details: building on land in Boston Metro area

Additional Information: If one were to begin maintaining and occupying land to claim through adverse possession, is it possible to build a dwelling/building IE: house and/or garage on said land? Legally? What about taxes/permits/etc?  If this land was to be reclaimed by the owner before the 20year period, what would happen to the dwelling/building? ATTORNEY ANSWER: Home ownership through adverse possession is not a good strategy. Typically, claims of adverse possession arise when two neighboring homeowners do not know exactly where

Read More »

Tacking and Adverse Possession in Needham, MA

Additional Information: About ten years ago I bought my home in Needham MA from my dad who is still alive. He had built a garage many (25) years ago and part of it was built on a neighboring parcel of land owned by a corporation. Two questions:  Can I now assert adverse possession to claim the land the garage is built on? How would the tacking work? In other words, if my dad was ‘trespassing’ for 15 years and then he

Read More »

Can a MA landlord choose not to renew the lease on college students?

Additional Information: I am a landlord with  rental properties in Dedham MA.  As a landlord, do I have the ability to evict a tenant at the end of the lease term for no reason?  There is nothing on the lease suggesting the tenant has a right to renew. And no clause for renewing. So is it even called eviction if the landlord simply chooses not to renew the lease on college students? ATTORNEY ANSWER: No it’s not called an eviction. The

Read More »

We applied for an apartment in Framingham, MA and I think the landlord discriminated against us.

Additional Information: I am looking for an apartment for me and my mother to live together. She is legal resident of the US.  We found an apartment in Framingham, MA and the landlord refused to rent to us when I told him that my mother will live with me. Is this legal? Can I report it to housing for senior discrimination?  What will happen to this landlord? ATTORNEY ANSWER: M.G.L. c. 151B Sec. 4 prohibits descrimination in housing on the basis

Read More »

In MA, what legal penalties can occur from doing non-structural construction work without a Home Improvement License?

Additional Information: I moved to MA from NY and was unaware that I was supposed to have a Home Improvement License to do any work in the state. I contracted into a painting job at a residence in Natick, MA not knowing this and the local building inspector was made aware that I was not properly licensed to do this work. I am obviously taking the steps to obtain this license now which is just a one hundred dollar fee but

Read More »

October 22, 2011 – CAI Annual Conference & Expo

 October 22: 8:00 am – 2:30 pm Community Associations Institute Annual Conference & Expo – Register for event Best Western Royal Plaza Hotel, Marlborough, MA Providing Answers and Resources for Volunteer Leaders, Homeowners & Managers On October 22nd, hundreds of community association decision makers, industry professionals and service providers will be at this year’s Annual Conference & Expo at the Best Western Royal Plaza Hotel in Marlborough, MA. Don’t miss the highlight of the Chapter’s programming calendar year! Cutting edge solutions

Read More »

Court takes a bite out of condo Board’s ability to treat fines as “Common Expenses”

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

Read More »
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