The United States District Court for the Eastern District of Texas lifted the nationwide stay that had frozen CTA filings across the country this past Tuesday. FinCEN announced on Wednesday that the new filing deadline for most reporting companies is now March 21, 2025.

Additionally, FinCEN noted that the agency will be looking at options to limit reporting requirements for some entities in order to prioritize reporting for those entities which pose the most significant national security risks.

In addition to its Condominium Practice, our firm has an entire department dedicated to the representation of both commercial and residential landlords. Specifically, MEEB’s Landlord-Tenant attorneys specialize in advising Landlords, as well as Property Managers, on all aspects of a tenant’s tenancy, which includes but is not limited to: drafting Lease Agreements/Occupancy Agreements, enforcement of lease terms, processing security deposits and last month’s rent, terminating tenancies, drafting Notices to Quit (nonpayment of rent, nonrenewal of tenancies, termination of tenancies at will, and for-cause lease violations), securing emergency rental assistance, compliance with Federal Housing Regulations (including Section 8), and cooperative housing evictions. In particular, from mediations to Summary Process trials, MEEB’s Landlord-Tenant attorneys litigate eviction actions in all Massachusetts Housing Courts.

Despite the Supreme Court decision to strike down the nationwide injunction on CTA filings imposed by the Fifth Circuit Court of Appeals, that decision is not the ‘end of the line’ for entities opposed to government mandated filings, as there is still currently a separate nationwide stay that remains in place. Accordingly, for all condominium associations, there is no current requirement to file.

At the end of the 2023/2024 legislative session, Massachusetts Governor Maura Healey signed a comprehensive climate and clean energy legislation, An Act promoting a clean energy grid, advancing equity and protecting ratepayers. Included in the bill were two significant changes to the Massachusetts Condominium Act.

“Sticks and stones will break my bones, but words will never harm me.” We’ve all heard that adage and condominium board members may have more reason than most to repeat it. Boards can’t please everyone all the time and there are times when they can’t seem to please anyone ever. There’s nothing new about that. Criticism is part of the board member’s job. But in the condominium world, the criticism has become increasingly harsh, offensive, nasty and sometimes even threatening – words hurled with the force of sticks and stones.

At the close of the last Legislation Session, the Rhode Island Condominium Act § 34-36.1-3.06 was amended, effective upon passage, to require any current applicable By-Laws and Rules and Regulations to be recorded with the Land Evidence Records Department in the City or Town where the Condominium is located.

In an unusual move, the Fifth Circuit Court of Appeals issued an Order on December 26th reinstating the nationwide preliminary injunction to halt CTA filings. The Court is continuing to review the appeal which questions the constitutionality of the CTA regulations. The oral arguments in the case have been set for March 25, 2025, so it appears that it will be many months before a final ruling takes place. In addition, with the control of Congress changing in January, there is also a likelihood of a Congressional act to end CTA regulations. While MEEB’s position is that CTA regulations do not apply to unincorporated associations or trust entities, at this time, ALL associations and corporate entities have NO obligation to comply with the CTA reporting requirements.

Adding to the already confusing landscape surrounding the Corporate Transparency Act’s (“CTA”) filing requirements, on December 23rd, the Fifth Circuit United States Court of Appeals lifted the nationwide stay regarding the filing requirements.

Although the Court did not address the merits of the constitutional arguments (this will be argued at a later date), the Court stated that it believed a nationwide stay of the filings was not appropriate and that the Federal District Court overstepped its authority by issuing the order.

In reaching its decision, the Court also decided not to extend the filing deadline, however, FinCEN voluntarily extended the filing deadline to accommodate the loss of several weeks requiring all incorporated reporting companies to file their beneficial ownership information reports at a minimum by January 13, 2025. However, as MEEB has previously stated, the CTA regulations are likely not applicable to unincorporated associations and those entities formed by declaration of trust.

A Massachusetts Appeals Court has rejected a long-standing interpretation of the Massachusetts state statute (which prohibits housing-related discrimination) that required condo associations in many cases to pay for common area modifications requested by disabled owners and residents.

The holidays arrived early for one of our condominium association clients, which found $22,000 that belonged to it on the list of unclaimed property held by the State Treasurer’s Office.  The money was in the form of a bank CD the board had not been able to redeem.