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Buying & Selling Condo Units

Common Area Charges Aren’t Rent, Unit Owners Aren’t Tenants, and Withholding Isn’t an Option Community Association’s Disclosure Obligations Complicated and Often Unclear
FHFA’s Transfer Fee Restrictions ‘Do No Harm’ to Condominium Associations How to Answer Lender Affidavits and Questionnaires
Lenders Are Asking More Questions about Condos; Managers Are Wondering Who Should Answer Them More Lenders Are Accepting Losses on Short Sales-Condominium Associations Shouldn’t
New Condominium Guidelines Demand More from Lenders and Community Associations Proposed Ban on Deed Transfer Fees Threatens Community Associations and Condominium Owners
Realtor Liable For Failing To Verify Zoning District Of Property Listing Senior Housing Meets Growing Demand but Must Comply with Strict Eligibility Rules
SJC Decision Creates Uncertainty for Condominium Owners, Buyers and Attorneys SJC Ready to Tackle Implied Warranty for Home Buyers
State Superior Court Reaffirms Attorneys’ Role In Real Estate Closings Statute Revision Allows Re-Allocation of Percentages
The Board’s Role In Marketing Units What Condominium Owners Don’t Know Can Hurt Them and Drive Everyone Else Crazy

Case Law

Appeals Court Clarifies “Contract Zoning” Standards APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS
Does Your Condominium Have a Jersey Barrier Guy on Speed Dial? New Hampshire Court Allows Condominium to Terminate Privilegesfor Non-payment of Common Expenses Equitable Considerations Override Local Deference in Unusual SJC Decision
Foreclosure Crisis Is Ensnaring Community Associations Free Speech Decision Creates an Unsettling Precedent for Community Associations
Icy Common Area Stairs Trip Up Association in the Appeals Court Massachusetts Appeals Court Takes First Step in Eroding Defenses in Snow and Ice Premises Liability
Massachusetts Court Rejects “Forced Access” for Telecom Providers MEEB Attorneys Win Condominium Case at Massachusetts Supreme Judicial Court
MEEB Wins Dirt Road Easement Case New Jersey’s Twin Rivers Decision Affirms Power of Community Associations to “Reasonably” Restrict Rights of Individual Owners
SJC CLARIFIES LIEN RIGHTS IN TENANT CONSTRUCTION CASE SJC Finds Contract Zoning Theory Outdated
State Superior Court Reaffirms Attorneys’ Role In Real Estate Closings Statute Revision Allows Re-Allocation of Percentages
Sticks and Stones: Boards Need to Think Twice Before Filing a Defamation Claim Superior Court Holds That Structural Components of a Balcony are Common Area and the Responsibility of the Association to Repair
SUPERIOR COURT RULES THAT HOMEOWNER’S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE Superior Court Rules That Mechanics Liens Cannot Attach to Common Areas
Supreme Court Reviewing Uses, Limits of Eminent Domain The Business Judgment Rule is Touched by an Angel
UNIT OWNER STILL LIABLE IN CHAPTER 7 BANKRUPTCY  

Condominium Administration & Leadership

A Kinder, Gentler Approach to Association Management A Man’s House is His Castle?
ASSIGNMENT IMPERATIVE. MISSION IMPOSSIBLE? Bank Loan? Reserves? Special Assessments?
Bankruptcy Reforms Welcome and Well Timed for Community Associations Be Careful With Collections
Beware of Dogs! Requests for Comfort Animals Could Bite Homeowners Associations Board Decisions and Owner Choices
Board Discussions and Confidences Board Members May Be Sued Individually
Boards Must Ask the Right Questions to Ensure a Smooth Transition to Owner Control Can Parking Spaces Be Leased?
Change of Fees Requires Consent Clear, Consistent Collections Policies Can Keep Delinquencies Low and Community Spirits High
Common Area Changes Require Input from Owners, Compliance with Governing Documents Community Associations that Don’t Protect Their Names Could Lose Them
Community Associations Will Have to Address Conflict between Smokers and Nonsmokers CONDOMINIUM ASSOCIATION AGREES TO PAY $150K TO DOJ OVER CHILD FINES
Condominium Boards Can and Should Question Owners’ Requests for Comfort Animals Condominium Elections and the Lack of a Quorum
Condominium Elections: Democracy, Apathy and Anarchy Condominium Smoking War Heats Up in Massachusetts
Consider the Circumstances Court finds Management Companies NOT subject to Fair Debt Collection Practices Act
Covenant Enforcement: A Trap for the Unwary Crime and Punishment: Violation Hearings Aren’t Just About Violations
Cut That Out! Home Owner Associations Must DefineHarassment and Find Ways to Prevent it Dealing With Pests: A Different Perspective
Details Are Key to Effective Management Contracts Do Nuisance Provisions Create Too Much of a Nuisance for Home Owner Associations?
Effective Communications by the Board Enhancements to the Common Areas
Evictions 101 EXTRA! EXTRA! READ ALL ABOUT IT! LEGAL NOTICES SPUR BOUNTY HUNTERS TO ACTION
FCC’s Exclusive Service Ban Will Void Existing Cable Agreements FHA DEADLINE EXTENDED
FHA’s New Rules for Condominium Loans May Create More Headaches for Community Associations Foreclosure Crisis Is Ensnaring Community Associations
Getting Covered: An Insurance Primer GOVERNOR PATRICK SIGNS LEGISLATION AMENDING HOW CONDOMINIUM PERCENTAGE INTERESTS ARE ESTABLISHED IN CONDOMINIUMS INCLUDING AFFORDABLE UNITS
Hard Times Require Association Boards to Make Tough Choices Health Concerns and Economics Are Leading More Condominium Associations to Ban Smoking
Holiday’s Spirit Inspires Thoughts of Harmonious Communities Home Business and Condominiums
How Should Associations Handle Hoarders? Very Carefully Just Say No….To Negative Rules and Regulations
Keep Out! Home Owner Associations Eye Policies Barring Sex Offenders Landlords and Community Associations Must “Accommodate” Emotionally Troubled Residents
Lenders Are Asking More Questions about Condos; Managers Are Wondering Who Should Answer Them Massachusetts “Slip-and-Fall” Defense is Melting
Massachusetts “Slip-and-Fall” Defense is Melting Mediation Doesn’t Always Succeed but It’s Almost Always Worth Considering
Menage-a-trois: The Association-Manager-Attorney Relationship Mold Resolution Details Owners’ Obligations and their Liability
More Lenders Are Accepting Losses on Short Sales-Condominium Associations Shouldn’t More Owners Are Removing Community Association Boards the Wrong Way and for the Wrong Reasons
Natural Disasters and Community Associations New Condominium Guidelines Demand More from Lenders and Community Associations
New Data & Identity Theft Regulations: Condominium Managers Must Comply Planning, Rules of Engagement, and a Firm Hand Can Make Board Meetings More Productive than Painful
Priority Lien Can Shield Homeowner Associations from Foreclosure Losses Purple Haze: Medical Marijuana Laws Are Clouding the Smoking Debate in Community Associations
Religious Symbols Dispute Delivers an Old Message Anew: There Are Some Battles Condominium Boards Shouldn’t Fight REPEAT OFFENDERS
Rule Enforcement and the Annual Inspection Security Concerns Are Understandable but a Community Association’s Obligations Are Limited
Should Community Associations Prohibit Rentals? SJC TO CONSIDER “PRODUCE THE NOTE” FORECLOSURE DEFENSE IN MERS MORTGAGE CASE
Smooth Transition from the Developer to Owners Puts New Communities on the Path toward Successful Self-governance Speak Up or Sit Down: Should Community Associations Take Public Stands?
Special Assessments Are Unavoidable but Trustees Can Reduce the Pain for Owners and for Themselves Statutes, Good Business and Good Sense Require Effective Records Management
Sticks and Stones: Boards Need to Think Twice Before Filing a Defamation Claim SUPERIOR COURT RULES DAILY FINES REASONABLE AGAINST PIGEON FEEDING UNIT OWNER
SUPERIOR COURT RULES THAT HOMEOWNER’S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE The Board’s Role In Marketing Units
The Constitution Protects Freedom of Speech, But Not In Community Associations The Director’s Duty of Loyalty Is Important but Often Misunderstood
The Majority Rules, but What if the Minority Won’t Stop Fighting? Throwing Away the Key: How Condominiums Can Keep Children Safe from Sex Offenders!
TRANSGENDER DISCRIMINATION PROTECTION BECOMES LAW IN MASSACHUSETTS Transition From Developer to Unit Owner Control
U.S. Court of Appeals Rules That Community Association Practitioners Act as Collectors Unit Owner Claims Against Managing Agent
UNIT OWNER STILL LIABLE IN CHAPTER 7 BANKRUPTCY Watchful Eyes the Best Defense Against Fraud
Web Site Privacy and Use Policies Protect Community Associations and their Residents What Condominium Owners Don’t Know Can Hurt Them and Drive Everyone Else Crazy
What Makes a Board Successful? “Spoliation” Rule Could Bar Damage Claim

Condominium Development

A Storm on the Horizon: Proposed Stormwater Regs and Its Affect on Condominiums A Tale of Two Developers
Appeals Court Decision Ensures Uniform Appeal of Site Plan Reviews Boards Must Ask the Right Questions to Ensure a Smooth Transition to Owner Control
Community Associations Discover Old Development Rights Have Current Value Construction Permitting Reforms Aim High but May Fall Short of Developers’ Expectations
FHFA’s Transfer Fee Restrictions ‘Do No Harm’ to Condominium Associations GOVERNOR PATRICK SIGNS NEW HOMESTEAD ACT
How to Answer Lender Affidavits and Questionnaires Restrictions In Group/Umbrella Condominiums
Revisions Tweak 40B Without Undermining It Senior Housing Meets Growing Demand but Must Comply with Strict Eligibility Rules
SJC Affirms Anti-SLAPP Protections, Clarifies Fiduciary Duty and 93A Questions as Well SJC CONFIRMS 30-DAY APPEAL PERIOD OF BUILDING PERMITS WHERE ADEQUATE NOTICE IS PROVIDED
SJC Decision Creates Uncertainty for Condominium Owners, Buyers and Attorneys SJC Finds Implied Warranty of Habitability Applies to Condominium Unit Owners and Community Associations
SJC Ready to Tackle Implied Warranty for Home Buyers Smooth Transition from the Developer to Owners Puts New Communities on the Path toward Successful Self-governance
SUPERIOR COURT RULES THAT HOMEOWNER’S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE Transition From Developer to Unit Owner Control
Unused Development Rights Can Generate Welcome Revenue or Costly Headaches for Community Associations  

Condominium Insurance

Arbitration Decision Applies Common Sense, Condominium Act and Fundamental Fairness to Distribution of Insurance Proceeds Associations and Management Companies Must Balance Competing Interests in Indemnification Clauses
Burning Down the House… Is Your Condominium Adequately Insured? Fear and Loathing in Association Insurance Coverage Disputes
Getting Covered: An Insurance Primer Insurance Coverage Gaps Are Common for Community Associations and Costly for Owners
Mold Resolution Details Owners’ Obligations and their Liability Natural Disasters and Community Associations
Questions Raised by Unusual Condominium Insurance Decision Resonate Beyond Maryland Review Your Insurance
Settling Insurance Losses Social Activities and Insurance
Subrogation Claims Involving Tenants The Relationship Between Contractors and Good Insurance
Under-insurance a Looming Problem for Community Associations  

Condominium Law

Are Condominium Associations liable under the Massachusetts Consumer Protection Act? Associations and Management Companies Must Balance Competing Interests in Indemnification Clauses
Avoiding Fair Housing Land Mines Be Careful With Collections
Board Members May Be Sued Individually Buyer Beware: Supreme Judicial Court Holds That Provisions of Condominium Act May Be Waived in Certain Circumstances
Change of Fees Requires Consent Changes to the Massachusetts Tax Code and Its Effect on Condominiums
Clear, Consistent Collections Policies Can Keep Delinquencies Low and Community Spirits High Collecting Common Expenses: Priority Lien in Review
Common Area Changes Require Input from Owners, Compliance with Governing Documents Common Area Charges Aren’t Rent, Unit Owners Aren’t Tenants, and Withholding Isn’t an Option
Community Associations Discover Old Development Rights Have Current Value Community Associations that Don’t Protect Their Names Could Lose Them
Community Association’s Disclosure Obligations Complicated and Often Unclear CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS
Condominium Elections and the Lack of a Quorum Condominium Smoking War Heats Up in Massachusetts
Covenant Enforcement: A Trap for the Unwary Crime and Punishment: Violation Hearings Aren’t Just About Violations
Do Nuisance Provisions Create Too Much of a Nuisance for Home Owner Associations? Enhancements to the Common Areas
EXTRA! EXTRA! READ ALL ABOUT IT! LEGAL NOTICES SPUR BOUNTY HUNTERS TO ACTION FEDERAL AGENCY ISSUES FINAL RULE THAT COULD IMPACT ASSOCIATION TRANSFER FEES
Florida Case Raises an Interesting Taking Question: Will the U.S. Supreme Court Answer it? Free Speech Decision Creates an Unsettling Precedent for Community Associations
GOVERNOR PATRICK SIGNS LEGISLATION AMENDING HOW CONDOMINIUM PERCENTAGE INTERESTS ARE ESTABLISHED IN CONDOMINIUMS INCLUDING AFFORDABLE UNITS GOVERNOR PATRICK SIGNS NEW HOMESTEAD ACT
Keep Out! Home Owner Associations Eye Policies Barring Sex Offenders Land Court Rules in Favor of Condominium Association in percentage Interest Challenge by Affordable Unit Owners
Massachusetts 2009 – 2010 Legislative Update Massachusetts Court Decision Sends Mold Liability Warning to Community Associations
Mediation Doesn’t Always Succeed but It’s Almost Always Worth Considering MEEB Attorneys Spearhead New RI Condominium Law Expanding Association Borrowing Power and Clarifying Other Association Responsibilities
MEEB Attorneys Win Condominium Case at Massachusetts Supreme Judicial Court Menage-a-trois: The Association-Manager-Attorney Relationship
Municipalities Can’t Escape Liability for Condominium Fees New Jersey’s Twin Rivers Decision Affirms Power of Community Associations to “Reasonably” Restrict Rights of Individual Owners
One Court Has Said Associations Can Bar Smoking in Owners’ Units — Will Others Follow? Owner’s Are Responsible for Tenant’s Damage
Proper Diligence in Repairs and Maintenance Restrictions In Group/Umbrella Condominiums
Restrictions On Pets Revisited Revisions Tweak 40B Without Undermining It
SJC Affirms Anti-SLAPP Protections, Clarifies Fiduciary Duty and 93A Questions as Well SJC CLARIFIES LIEN RIGHTS IN TENANT CONSTRUCTION CASE
SJC CONFIRMS 30-DAY APPEAL PERIOD OF BUILDING PERMITS WHERE ADEQUATE NOTICE IS PROVIDED SJC Decision Creates Uncertainty for Condominium Owners, Buyers and Attorneys
SJC Decision Shifts Balance of Power Under 40B SJC Finds Implied Warranty of Habitability Applies to Condominium Unit Owners and Community Associations
SJC TO CONSIDER “PRODUCE THE NOTE” FORECLOSURE DEFENSE IN MERS MORTGAGE CASE State Regulations Set Requirements for Installation of Carbon Monoxide Alarms
SUPERIOR COURT RULES THAT HOMEOWNER’S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE Swimming Pool Care From the Legal Perspective
The Business Judgment Rule is Touched by an Angel The Constitution Protects Freedom of Speech, But Not In Community Associations
Timing Is Critical and Advice Is Essential in Construction Litigation Claims Transition From Developer to Unit Owner Control
Unit Owner Claims Against Managing Agent UNIT OWNER STILL LIABLE IN CHAPTER 7 BANKRUPTCY
YOU CAN RUN BUT YOU CAN’T HIDE…IF YOU ARE ONLINE “Spoliation” Rule Could Bar Damage Claim

Condominium Maintenance

A Storm on the Horizon: Proposed Stormwater Regs and Its Affect on Condominiums APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS
Bed Bugs Are Biting Again Community Associations Feeling the Heat from Frozen Pipes
Community Associations Must “Accommodate” Emotionally Troubled Residents CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS
FCC’s Exclusive Service Ban Will Void Existing Cable Agreements FHA DEADLINE EXTENDED
Florida Case Raises an Interesting Taking Question: Will the U.S. Supreme Court Answer it? Loss of Easement Use Deemed Property Damage Under Insurance Policy
Massachusetts “Slip-and-Fall” Defense is Melting Massachusetts “Slip-and-Fall” Defense is Melting
Mold Resolution Details Owners’ Obligations and their Liability Proper Diligence in Repairs and Maintenance
Proposed Ban on Deed Transfer Fees Threatens Community Associations and Condominium Owners Questions Raised by Unusual Condominium Insurance Decision Resonate Beyond Maryland
Roofing Manufacturer Warranties Second Hand Smoke Dangers Are Clear but the Authority to Curb Smoking in Community Associations Remains Hazy
Security Concerns Are Understandable but a Community Association’s Obligations Are Limited Special Assessments Are Unavoidable but Trustees Can Reduce the Pain for Owners and for Themselves
SUPERIOR COURT RULES DAILY FINES REASONABLE AGAINST PIGEON FEEDING UNIT OWNER Swimming Pool Care From the Legal Perspective
The Greening of America The Relationship Between Contractors and Good Insurance
Tilex Out – Mold Claims In “Spoliation” Rule Could Bar Damage Claim

Condominium Management

APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS ASSIGNMENT IMPERATIVE. MISSION IMPOSSIBLE?
Associations and Management Companies Must Balance Competing Interests in Indemnification Clauses Bank Failure Highlight Need for Due Diligence on Deposit Insurance
Bank Loan? Reserves? Special Assessments? Bankruptcy Reforms Welcome and Well Timed for Community Associations
Board Discussions and Confidences Boards Must Ask the Right Questions to Ensure a Smooth Transition to Owner Control
Can Parking Spaces Be Leased? Change of Fees Requires Consent
Clear, Consistent Collections Policies Can Keep Delinquencies Low and Community Spirits High Community Associations Will Have to Address Conflict between Smokers and Nonsmokers
CONDOMINIUM ASSOCIATION AGREES TO PAY $150K TO DOJ OVER CHILD FINES Condominium Boards Can and Should Question Owners’ Requests for Comfort Animals
CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS Court Decision Upholding “Discriminatory” Rental Ban also Calms Industry Nerves
Court finds Management Companies NOT subject to Fair Debt Collection Practices Act Crime and Punishment: Violation Hearings Aren’t Just About Violations
Details Are Key to Effective Management Contracts Do Nuisance Provisions Create Too Much of a Nuisance for Home Owner Associations?
Does Your Condominium Have a Jersey Barrier Guy on Speed Dial? New Hampshire Court Allows Condominium to Terminate Privilegesfor Non-payment of Common Expenses Evictions 101
FCC’s Exclusive Service Ban Will Void Existing Cable Agreements FEDERAL AGENCY ISSUES FINAL RULE THAT COULD IMPACT ASSOCIATION TRANSFER FEES
FHA’s New Rules for Condominium Loans May Create More Headaches for Community Associations Florida Case Raises an Interesting Taking Question: Will the U.S. Supreme Court Answer it?
Foreclosure Crisis Is Ensnaring Community Associations Hard Times Require Association Boards to Make Tough Choices
Health Concerns and Economics Are Leading More Condominium Associations to Ban Smoking Home Business and Condominiums
How Should Associations Handle Hoarders? Very Carefully Just Say No….To Negative Rules and Regulations
Lenders Are Asking More Questions about Condos; Managers Are Wondering Who Should Answer Them Loss of Easement Use Deemed Property Damage Under Insurance Policy
Management Contracts and the Fiduciary Duty Massachusetts “Slip-and-Fall” Defense is Melting
Massachusetts “Slip-and-Fall” Defense is Melting Menage-a-trois: The Association-Manager-Attorney Relationship
More Lenders Are Accepting Losses on Short Sales-Condominium Associations Shouldn’t New Condominium Guidelines Demand More from Lenders and Community Associations
NEW CORI REQUESTS TO TAKE EFFECT MAY, 2012 New Data & Identity Theft Regulations: Condominium Managers Must Comply
Priority Lien Can Shield Homeowner Associations from Foreclosure Losses Proper Diligence in Repairs and Maintenance
Property Managers Say: “Don’t Sue Us, We’re Just Doing Our Jobs!” Proposed Ban on Deed Transfer Fees Threatens Community Associations and Condominium Owners
Religious Symbols Dispute Delivers an Old Message Anew: There Are Some Battles Condominium Boards Shouldn’t Fight REPEAT OFFENDERS
Second Hand Smoke Dangers Are Clear but the Authority to Curb Smoking in Community Associations Remains Hazy Security Concerns Are Understandable but a Community Association’s Obligations Are Limited
Should Community Associations Prohibit Rentals? SJC CONFIRMS 30-DAY APPEAL PERIOD OF BUILDING PERMITS WHERE ADEQUATE NOTICE IS PROVIDED
SJC TO CONSIDER “PRODUCE THE NOTE” FORECLOSURE DEFENSE IN MERS MORTGAGE CASE Smooth Transition from the Developer to Owners Puts New Communities on the Path toward Successful Self-governance
Speak Up or Sit Down: Should Community Associations Take Public Stands? Statute Revision Allows Re-Allocation of Percentages
Statutes, Good Business and Good Sense Require Effective Records Management SUPERIOR COURT RULES DAILY FINES REASONABLE AGAINST PIGEON FEEDING UNIT OWNER
The Majority Rules, but What if the Minority Won’t Stop Fighting? Throwing Away the Key: How Condominiums Can Keep Children Safe from Sex Offenders!
TRANSGENDER DISCRIMINATION PROTECTION BECOMES LAW IN MASSACHUSETTS Transition From Developer to Unit Owner Control
Unit Owner Claims Against Managing Agent Unused Development Rights Can Generate Welcome Revenue or Costly Headaches for Community Associations
Watchful Eyes the Best Defense Against Fraud Web Site Privacy and Use Policies Protect Community Associations and their Residents
What Condominium Owners Don’t Know Can Hurt Them and Drive Everyone Else Crazy  

Federal Laws & Regulations Regarding Condominium Associations

Avoiding Fair Housing Land Mines Bankruptcy Reform Brings Both Relief and Uncertainty to Homeowner Associations
Be Careful With Collections Beware of Dogs! Requests for Comfort Animals Could Bite Homeowners Associations
Clear, Consistent Collections Policies Can Keep Delinquencies Low and Community Spirits High Community Associations Must “Accommodate” Emotionally Troubled Residents
Court finds Management Companies NOT subject to Fair Debt Collection Practices Act FEDERAL AGENCY ISSUES FINAL RULE THAT COULD IMPACT ASSOCIATION TRANSFER FEES
FHA Issues New Condominium Approval Process FHA, Lenders and Litigation: A Volatile Mix
FHFA’s Transfer Fee Restrictions ‘Do No Harm’ to Condominium Associations Landlords and Community Associations Must “Accommodate” Emotionally Troubled Residents
MEEB Involved in Defeat of National Anti-Condominium Legislation NEW LAW REQUIRING RESIDENTIAL OIL HEATING SYSTEM UPGRADES
Purple Haze: Medical Marijuana Laws Are Clouding the Smoking Debate in Community Associations Revised ADA Regulations Implementing Title II and Title III
Senior Housing Meets Growing Demand but Must Comply with Strict Eligibility Rules The Age of Reason? Re-teaching Community Association Boards and Their Advisors
The Greening of America U.S. Court of Appeals Rules That Community Association Practitioners Act as Collectors

Landlord – Tenant

A Man’s House is His Castle? Bankruptcy Reform Brings Both Relief and Uncertainty to Homeowner Associations
Bed Bugs Are Biting Again Landlords and Community Associations Must “Accommodate” Emotionally Troubled Residents
LANDLORDS: BEWARE OF RENTING PROPERTY THAT COULD BE CONSTRUED AS A LODGING HOUSE Massachusetts Appeals Court Takes First Step in Eroding Defenses in Snow and Ice Premises Liability
Multiple Chemical Sensitivity Creates Newest Trigger for Fair Housing Accommodation Requests New “Green Ticket” Law Could Leave You Seeing Red
New Fair Housing Guidance Clarifies Requirements for Approving Modification Requests NEWS OF THE DEATH OF THE NON-REFUNDABLE FEE MAY HAVE BEEN GREATLY EXAGGERATED
Renters’ Insurance Protects Landlords as Well as Tenants Revisions Tweak 40B Without Undermining It
Should Community Associations Prohibit Rentals? SJC CLARIFIES LIEN RIGHTS IN TENANT CONSTRUCTION CASE
SJC Decision Bars Counterclaims in Commercial Evictions SJC Decision Gives Commercial Tenants NewRights but Allows Landlords to Waive Them
SJC Decision Shifts Balance of Power Under 40B State Regulations Set Requirements for Installation of Carbon Monoxide Alarms
Subrogation Claims Involving Tenants TENANTS GET MORE PROTECTION IN MASSACHUSETTS
Tenants’ Jury Trial Right Won’t Undercut Section 19 Relief for Landlords Tilex Out – Mold Claims In
Time to Get the Lead Out “Good Night, Sleep Tight, Don’t Let the Bedbugs Bite”

Newsletter Articles

“When Smoke Gets In Your Eyes” – Understanding the State’s New Smoke Detector Regulations A Man’s House is His Castle?
A Storm on the Horizon: Proposed Stormwater Regs and Its Affect on Condominiums APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS
Arbitration Decision Applies Common Sense, Condominium Act and Fundamental Fairness to Distribution of Insurance Proceeds ASSIGNMENT IMPERATIVE. MISSION IMPOSSIBLE?
Bed Bugs Are Biting Again Big News in Small Claims
Burning Down the House… Is Your Condominium Adequately Insured? Buyer Beware: Supreme Judicial Court Holds That Provisions of Condominium Act May Be Waived in Certain Circumstances
Changes to the Massachusetts Tax Code and Its Effect on Condominiums Clouds Not Lifting Over Massachusetts Foreclosure Storm
Collecting Common Expenses: Priority Lien in Review CONDOMINIUM ASSOCIATION AGREES TO PAY $150K TO DOJ OVER CHILD FINES
CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS Condominium Smoking War Heats Up in Massachusetts
Criminal Offender Record Information (“CORI”) Amendments Do-overs Denied in Massachusetts Foreclosure Lawsuits
Does Your Condominium Have a Jersey Barrier Guy on Speed Dial? New Hampshire Court Allows Condominium to Terminate Privilegesfor Non-payment of Common Expenses Evictions 101
EXTRA! EXTRA! READ ALL ABOUT IT! LEGAL NOTICES SPUR BOUNTY HUNTERS TO ACTION FEDERAL AGENCY ISSUES FINAL RULE THAT COULD IMPACT ASSOCIATION TRANSFER FEES
FHA DEADLINE EXTENDED FHA Issues New Condominium Approval Process
FOOTBALL AND LITIGATION: THE NFL LOCKOUT LITIGATION Former MEEB Lawyer Judith Flanagan Kennedy Sworn In As New Mayor of Lynn by Former MEEB Lawyer and Current Housing Court Judge Marylou Muirhead
GOVERNOR PATRICK SIGNS LEGISLATION AMENDING HOW CONDOMINIUM PERCENTAGE INTERESTS ARE ESTABLISHED IN CONDOMINIUMS INCLUDING AFFORDABLE UNITS Holiday’s Spirit Inspires Thoughts of Harmonious Communities
How to Answer Lender Affidavits and Questionnaires Icy Common Area Stairs Trip Up Association in the Appeals Court
Knock, Knock! Who’s There? The U.S. Census. The U.S. Census? Just Let Me in and Do As I Say, and You Can Keep Your $500 Land Court Rules in Favor of Condominium Association in percentage Interest Challenge by Affordable Unit Owners
LANDLORDS: BEWARE OF RENTING PROPERTY THAT COULD BE CONSTRUED AS A LODGING HOUSE Loss of Easement Use Deemed Property Damage Under Insurance Policy
Massachusetts 2009 – 2010 Legislative Update Massachusetts Appeals Court Takes First Step in Eroding Defenses in Snow and Ice Premises Liability
Massachusetts House Passes Legislation to Encourage Energy Conservation Projects MEEB Attorneys Spearhead New RI Condominium Law Expanding Association Borrowing Power and Clarifying Other Association Responsibilities
MEEB Attorneys Win Condominium Case at Massachusetts Supreme Judicial Court MEEB Involved in Defeat of National Anti-Condominium Legislation
MEEB Wins Dirt Road Easement Case New “Green Ticket” Law Could Leave You Seeing Red
NEW CORI REQUESTS TO TAKE EFFECT MAY, 2012 New Data & Identity Theft Regulations: Condominium Managers Must Comply
NEW LAW REQUIRING RESIDENTIAL OIL HEATING SYSTEM UPGRADES New Massachusetts Law Requires Employers to Notify Employees of Negative Information Placed in Personnel Records
NEWS OF THE DEATH OF THE NON-REFUNDABLE FEE MAY HAVE BEEN GREATLY EXAGGERATED Property Managers Say: “Don’t Sue Us, We’re Just Doing Our Jobs!”
Realtor Liable For Failing To Verify Zoning District Of Property Listing REBA’S “Unnauthorized Practice of Law” Case Heading to the SJC
Revised ADA Regulations Implementing Title II and Title III SJC CONFIRMS 30-DAY APPEAL PERIOD OF BUILDING PERMITS WHERE ADEQUATE NOTICE IS PROVIDED
SJC TO CONSIDER “PRODUCE THE NOTE” FORECLOSURE DEFENSE IN MERS MORTGAGE CASE Statute Revision Allows Re-Allocation of Percentages
Superior Court Holds That Structural Components of a Balcony are Common Area and the Responsibility of the Association to Repair SUPERIOR COURT RULES THAT HOMEOWNER’S ASSOCIATION IS NOT TERMINATED BY THE RESTRICTION STATUTE
Superior Court Rules That Mechanics Liens Cannot Attach to Common Areas TENANTS GET MORE PROTECTION IN MASSACHUSETTS
Thomas O. Moriarty Begins Term As President of Massachusetts Real Estate Bar Association Throwing Away the Key: How Condominiums Can Keep Children Safe from Sex Offenders!
Time to Get the Lead Out To Vel Non or Not To Vel Non, Vel Non
TRANSGENDER DISCRIMINATION PROTECTION BECOMES LAW IN MASSACHUSETTS UNIT OWNER STILL LIABLE IN CHAPTER 7 BANKRUPTCY
YOU CAN RUN BUT YOU CAN’T HIDE…IF YOU ARE ONLINE “Good Night, Sleep Tight, Don’t Let the Bedbugs Bite”

Of General Interest

“When Smoke Gets In Your Eyes” – Understanding the State’s New Smoke Detector Regulations A Storm on the Horizon: Proposed Stormwater Regs and Its Affect on Condominiums
APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS Big News in Small Claims
Clouds Not Lifting Over Massachusetts Foreclosure Storm CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS
Evictions 101 EXTRA! EXTRA! READ ALL ABOUT IT! LEGAL NOTICES SPUR BOUNTY HUNTERS TO ACTION
FEDERAL AGENCY ISSUES FINAL RULE THAT COULD IMPACT ASSOCIATION TRANSFER FEES FOOTBALL AND LITIGATION: THE NFL LOCKOUT LITIGATION
Former MEEB Lawyer Judith Flanagan Kennedy Sworn In As New Mayor of Lynn by Former MEEB Lawyer and Current Housing Court Judge Marylou Muirhead Governor’s Executive Order Imposes New Requirements on Notaries
Icy Common Area Stairs Trip Up Association in the Appeals Court Knock, Knock! Who’s There? The U.S. Census. The U.S. Census? Just Let Me in and Do As I Say, and You Can Keep Your $500
LANDLORDS: BEWARE OF RENTING PROPERTY THAT COULD BE CONSTRUED AS A LODGING HOUSE Loss of Easement Use Deemed Property Damage Under Insurance Policy
Massachusetts 2009 – 2010 Legislative Update Massachusetts Appeals Court Takes First Step in Eroding Defenses in Snow and Ice Premises Liability
MEEB Wins Dirt Road Easement Case New “Green Ticket” Law Could Leave You Seeing Red
NEW CORI REQUESTS TO TAKE EFFECT MAY, 2012 NEW LAW REQUIRING RESIDENTIAL OIL HEATING SYSTEM UPGRADES
NEWS OF THE DEATH OF THE NON-REFUNDABLE FEE MAY HAVE BEEN GREATLY EXAGGERATED Property Managers Say: “Don’t Sue Us, We’re Just Doing Our Jobs!”
Purple Haze: Medical Marijuana Laws Are Clouding the Smoking Debate in Community Associations Realtor Liable For Failing To Verify Zoning District Of Property Listing
REBA’S “Unnauthorized Practice of Law” Case Heading to the SJC Reflections on September 11
SJC CLARIFIES LIEN RIGHTS IN TENANT CONSTRUCTION CASE SJC CONFIRMS 30-DAY APPEAL PERIOD OF BUILDING PERMITS WHERE ADEQUATE NOTICE IS PROVIDED
SJC TO CONSIDER “PRODUCE THE NOTE” FORECLOSURE DEFENSE IN MERS MORTGAGE CASE Statute Revision Allows Re-Allocation of Percentages
Supreme Court’s Take on Takings Was Predictable but Disappointing TENANTS GET MORE PROTECTION IN MASSACHUSETTS
Thomas O. Moriarty Begins Term As President of Massachusetts Real Estate Bar Association To Vel Non or Not To Vel Non, Vel Non
TRANSGENDER DISCRIMINATION PROTECTION BECOMES LAW IN MASSACHUSETTS YOU CAN RUN BUT YOU CAN’T HIDE…IF YOU ARE ONLINE
“Good Night, Sleep Tight, Don’t Let the Bedbugs Bite”  

Rhode Island

MEEB Attorneys Spearhead New RI Condominium Law Expanding Association Borrowing Power and Clarifying Other Association Responsibilities  

Zoning Issues

Appeals Court Clarifies “Contract Zoning” Standards Equitable Considerations Override Local Deference in Unusual SJC Decision
Revisions Tweak 40B Without Undermining It SJC Decision Shifts Balance of Power Under 40B
SJC Finds Contract Zoning Theory Outdated SJC Finds “Plain Language” of the State’s Zoning Law Means Exactly What It Says