Legal Resources: Condo Rules

Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »

Condominium Law

Insurance Coverage – Represent individuals and board in dispute concerning insurance coverage: whose coverage applies, and will it cover certain claims. We also regularly advise condominium boards regarding how to maximize coverage over the long haul, shape coverage to the specific needs of the condominium, and how to rein in deductible increases.   Derivative Lawsuits – Goldman & Pease has been on both sides of these disputes, the processes of which are dictated by Massachusetts statute. Derivative claims concern unit owners

Read More »

CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Common Area Assessments Alert

Goldman & Pease advises its Massachusetts clients, particularly condominium associations, boards, and property managers, to pay close attention to a new emergency regulation from the Massachusetts Attorney General’s Office that directly prohibits a condominium association from initiating or threatening to initiate a lawsuit if a unit owner fails to pay condominium common area fees, assessments, fines and/or dues. The March 27, 2020 Emergency Addendum to the Attorney General’s Regulations (“Regulation”), “Unfair and Deceptive Debt Collection Practices During the State of Emergency

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 »

June 14, 2017 – Legal Update Lunch Seminar

LEGAL UPDATE LUNCH SEMINAR  MEDIATE MANAGEMENT CO. Date: Wednesday, 10:30a.m. June 14, 2017 Presented by: Goldman & Pease LLC APARTMENT OR CONDOMINIUM SHARING: WHAT YOU NEED TO KNOW ABOUT AIRBNB What are the security risks, nuisances, and property damage that result from engaging an Airbnb rental? What are the best practices for avoiding problems that neighbors and property managers frequently encounter when tenants or condo unit owners use Airbnb.com?

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »

Amending Condominium Documents Road Blocks and Best Practices

By Rachel Zoob-Hill, Esq. and Howard Goldman, Esq. A prudent condominium governing board should periodically review condominium documents to confirm that they meet changing needs. For example, when online platforms such as AirBnB supercharged the short-term rental industry, many condominiums faced disputes among unit owners: Who could rent out units? How often? And under what circumstances? Some trustees were unprepared to navigate these disputes, and many condominium documents were silent regarding the issue. Sometimes condominium documents need to be amended. If

Read More »

Condominium Law

Insurance Coverage – Represent individuals and board in dispute concerning insurance coverage: whose coverage applies, and will it cover certain claims. We also regularly advise condominium boards regarding how to maximize coverage over the long haul, shape coverage to the specific needs of the condominium, and how to rein in deductible increases.   Derivative Lawsuits – Goldman & Pease has been on both sides of these disputes, the processes of which are dictated by Massachusetts statute. Derivative claims concern unit owners

Read More »

CORONAVIRUS: A Tsunami is Coming… Is Your Condominium Ready to Weather the Storm?

Insurance…the least exciting topic on any board’s agenda.  But before your eyes glaze over, consider that at this unsettled time, the adequately insured condominium that is committed to the best practices regarding Covid-19 containment – will weather the coming flood of insurance claims more readily than most. Many condominiums in Massachusetts are suffering – or about to suffer – less financial stability than in years past. Common area fees and assessments are getting harder to collect as long-term high unemployment is

Read More »

Common Area Assessments Alert

Goldman & Pease advises its Massachusetts clients, particularly condominium associations, boards, and property managers, to pay close attention to a new emergency regulation from the Massachusetts Attorney General’s Office that directly prohibits a condominium association from initiating or threatening to initiate a lawsuit if a unit owner fails to pay condominium common area fees, assessments, fines and/or dues. The March 27, 2020 Emergency Addendum to the Attorney General’s Regulations (“Regulation”), “Unfair and Deceptive Debt Collection Practices During the State of Emergency

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 »

June 14, 2017 – Legal Update Lunch Seminar

LEGAL UPDATE LUNCH SEMINAR  MEDIATE MANAGEMENT CO. Date: Wednesday, 10:30a.m. June 14, 2017 Presented by: Goldman & Pease LLC APARTMENT OR CONDOMINIUM SHARING: WHAT YOU NEED TO KNOW ABOUT AIRBNB What are the security risks, nuisances, and property damage that result from engaging an Airbnb rental? What are the best practices for avoiding problems that neighbors and property managers frequently encounter when tenants or condo unit owners use Airbnb.com?

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

Condominium Unit Rental Restrictions and Bans: Pros, Cons and Considerations

By: Howard S. Goldman, Esq. and Rebecca A. Erlichman, Esq. The issue of how to handle condominium unit rentals is one that remains relevant to all condominium associations. It is up to the condominium association to protect the interests of all of the unit owners – both those who want to avoid an undue concentration of tenants to protect the character of the community and those who wish to rent out their units. There are pros and cons to allowing rentals.

Read More »
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