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Condo Media – Shared Responsibility

Understanding Your Rights and Obligations in a Shared Living Arrangement By Howard Goldman | View article Howard Goldman has authored a feature article in the September 2018 issue of Condo Media. The publication serves condominiums, cooperatives, and homeowners associations.  In this article Attorney Goldman discusses the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »

NEWS ALERT FOR AIR BNB RENTALS

On June 13, 2018, the Boston City Council passed a new Ordinance that will prohibit investors from engaging in short-term rentals of their units. Homeowners, on the other hand, will still be allowed to rent out their homes by the night, and owner-occupants of two-family and three-family houses will be permitted to rent out one unit. The short-term rental business is rapidly growing in Boston, and websites such as Airbnb are becoming increasingly popular. As a result, more and more homes

Read More »

Mechanic’s Lien and Judicial Order to Freeze Insurance Proceeds Yields Excellent Recovery for Emergency Contractor

Recovered excellent mediation settlement for home improvement contractor who performed significant emergency tear-down and removal work of home destroyed by fire. The home was under-insured and heavily encumbered by mortgages, putting client at substantial risk of receiving little to no payment. Upon receiving case, we immediately investigated title and filed a Mechanic’s Lien under M.G.L 254 with the Essex Registry of Deeds, to secure the debt and prevent a sale or transfer of the subject property. We conducted a thorough investigation,

Read More »

Shared Living in the Small Condominium Setting: Rights and Obligations of Unit Owners and Trustees

By Howard Goldman – With the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an aging parent, a basement apartment for a long-term tenant or sprucing up a guest room to rent via AirBnB, many homeowners are embracing shared living as the way of the future. Shared living arrangements provide many benefits to individual homeowners

Read More »

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Tuesday, May 22, 2018 – Got Questions about Condo Law?

We’ve Got Answers! And we’d like to share them with you at The New England Condominium Expo! On Tuesday, May 22nd, 2018 from 10:00AM to 3:30PM at the Seaport World Trade Center, Boston. Every decision you make as a trustee or property manager is an important one – and legal decisions require sound advice. Goldman & Pease has more than 35 years of experience advising condominium associations, property managers, trustees, and unit owners. We are committed to providing high quality, innovative,

Read More »

Condo Media – Shared Responsibility

Understanding Your Rights and Obligations in a Shared Living Arrangement By Howard Goldman | View article Howard Goldman has authored a feature article in the September 2018 issue of Condo Media. The publication serves condominiums, cooperatives, and homeowners associations.  In this article Attorney Goldman discusses the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »

NEWS ALERT FOR AIR BNB RENTALS

On June 13, 2018, the Boston City Council passed a new Ordinance that will prohibit investors from engaging in short-term rentals of their units. Homeowners, on the other hand, will still be allowed to rent out their homes by the night, and owner-occupants of two-family and three-family houses will be permitted to rent out one unit. The short-term rental business is rapidly growing in Boston, and websites such as Airbnb are becoming increasingly popular. As a result, more and more homes

Read More »

Mechanic’s Lien and Judicial Order to Freeze Insurance Proceeds Yields Excellent Recovery for Emergency Contractor

Recovered excellent mediation settlement for home improvement contractor who performed significant emergency tear-down and removal work of home destroyed by fire. The home was under-insured and heavily encumbered by mortgages, putting client at substantial risk of receiving little to no payment. Upon receiving case, we immediately investigated title and filed a Mechanic’s Lien under M.G.L 254 with the Essex Registry of Deeds, to secure the debt and prevent a sale or transfer of the subject property. We conducted a thorough investigation,

Read More »

Shared Living in the Small Condominium Setting: Rights and Obligations of Unit Owners and Trustees

By Howard Goldman – With the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an aging parent, a basement apartment for a long-term tenant or sprucing up a guest room to rent via AirBnB, many homeowners are embracing shared living as the way of the future. Shared living arrangements provide many benefits to individual homeowners

Read More »

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Tuesday, May 22, 2018 – Got Questions about Condo Law?

We’ve Got Answers! And we’d like to share them with you at The New England Condominium Expo! On Tuesday, May 22nd, 2018 from 10:00AM to 3:30PM at the Seaport World Trade Center, Boston. Every decision you make as a trustee or property manager is an important one – and legal decisions require sound advice. Goldman & Pease has more than 35 years of experience advising condominium associations, property managers, trustees, and unit owners. We are committed to providing high quality, innovative,

Read More »
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