New England Condominium – How Will Your Community Be Affected?

Attorney Howard Goldman was quoted extensively in the the New England Condominium article “Legal & Legislative Update 2019 – How Will Your Community Be Affected? By A.J. Sidranksy | New England Condominium Laws, and the legal decisions that support and enforce them, are constantly evolving and can affect every facet of community life in HOAs, condominiums and co-ops. While law and legal cases can emanate from any of our three levels of government – federal, state or local – most

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Obtained permanent, exclusive, easement against neighboring property.

Our clients’ driveway and garden areas encroached onto their neighbors’ land, leading to a contentious dispute. We filed an adverse possession and prescriptive easement action in the Land Court seeking to assert our clients’ rights to the disputed portions. We further recorded a Notice of Lis Pendens with the Registry of Deeds to encumber the neighbors’ property pending resolution of the matter. The neighbors filed a competing quiet title action in the Land Court seeking to obtain the court’s declaration that

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

On September 7, 2018, the Washington Post published an article in its Opinions section entitled “D.C. should learn from Arlington’s mistakes on Airbnb regulations”. The article discusses short-term, Airbnb-style rentals, and notes that despite regulations by Arlington County prohibiting such rentals without a permit, 90% of rentals in the County appear to be unpermitted after rules promulgated by the D.C. Council in December 2016 required permits. Goldman & Pease LLC, who has been closely monitoring this trend and publishing articles on

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Goldman & Pease, LLC successfully represented a Home Health Care Agency, who was retained by an elderly customer to provide 24/7 around the clock home health care services. The services were rendered by the Home Health Care Agency for approximately 4 months, leaving an unpaid principal balance due of over $84,000.00 which was not paid despite repeated demand. At the time of the commencement of the case, Goldman & Pease, LLC sought and obtained a trustee process bank account attachment against

Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors. Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary. This means that a mechanic’s lien does not require court approval before it is perfected. Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Annual Condo Conference & Expo Community Associations Institute New England Chapter Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. ——————————————————— Annual Condo Conference & Expo Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. Marriott Hotel, Burlington, MA New England Chapter Community Associations Institute Addressing the unique issues of condominium communities. members and unit owners, professional managers and industry professionals. Get Answers to Your Condo Questions Find Solutions for Your Condo Problems Learn About Recent Developments in the Law If

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

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