No one was injured when a condominium was struck by lightning on Monday. Firefighters were called to a structure fire at 12:30 p.m. on Howland Street at the Howland Woods condominium complex, Provincetown fire Chief James Roderick said. Roderick said that he saw flames shooting up from the roof of one of the units in […]
Condo unit fire Thursday in North Truro doused quickly in high winds; cause under investigation (MA)
A single condominium unit on Shore Road caught fire Thursday evening in North Truro but despite high winds the fire department was able to douse the flames and limit the damage to single living space, according to Fire Chief Tim Collins. Read the article………………………………..
Trial underway over use of Federal Street condo (MA)
After more than four years, a lawsuit over the conversion of a commercial space on Federal Street into housing has made its way to trial. The lawsuit seeks to overturn a 2016 Salem Zoning Board of Appeals decision that allows Richard Jagolta to convert the first floor unit of 107 Federal St., which is zoned […]
Massachusetts condo threatens hefty fines if face coverings aren’t worn amid coronavirus pandemic
A flyer urging residents to mask up is posted on the front door of Ocean Gate Tower at the sprawling high-rise complex along Ocean Avenue in Revere. The notice warns about stepped-up fines voted by the board of trustees prompted by some residents not wearing masks. Read the article…………………………………
Injunction allows Black Lives Matter sign to stay in Belchertown condo complex (MA)
A Hampshire Superior Court judge issued a preliminary injunction Friday allowing a Belchertown condominium owner to display a Black Lives Matter sign near her unit after she was ordered to remove the sign by condominium trustees. Read the article…………………………………
Mashpee Resident Alleges Discrimination, Speech Violation Over Black Lives Matter Sign (MA)
For the entire month of July, the Summerwood Condominium Association fined Mashpee resident Kristin DaLomba $10 a day for displaying a Black Lives Matter sign in her front garden, alleging a violation of the association’s regulations. After racking up more than $400 in fines for defiantly displaying the sign, Ms. DaLomba has retained a lawyer […]
Appeals Court Favors Commercial Wharf Condo Owners Avoiding Chapter 91 License (MA)
The Commercial Wharf East Condominium Association (CWECA) received a favorable ruling from the Massachusetts Appeals Court on July 31, 2020 in its fight against the State Department of Environmental Protection’s (DEP). The court affirmed a Superior Court ruling that the DEP’s determination process was flawed regarding the need for a Chapter 91 license at Commercial […]
Owners of Boston’s Rowes Wharf complex vote to oust Jim Shane from board of trustees after battle over proposed million-dollar project (MA)
Owners of the Rowes Wharf complex, an iconic part of Boston’s waterfront, have voted to oust former board president Jim Shane from its Board of Trustees. The vote came following a months-long battle over a proposed million-dollar Club Room project created by Shane, who asked residents to vote for the plan and promised to pay […]
Condo association can charge fees for repairs
Q: I am in a dispute with my condo association concerning a large fee they have charged me to replace a toilet that was leaking in my unit. The condo board has decided not to pay for this plumbing repair. Since I also refuse to pay the repair bill, the condo board has notified the […]
Power outage leads to surprise discovery for Eastham neighborhood (MA)
The residents of Thoreau Drive found out the hard way that Eversource is not responsible for maintaining power lines on the private road. Power went out on the street early Wednesday. Twenty homes on the U-shaped road off Brackett Road lost electricity that powered their wells, refrigerators and air conditioners. Read the article………………………….
Cape Cod sign disputes raise allegations of bias (MA)
Two disputes between local homeowners associations and residents ordered to take down Black Lives Matter signs have drawn different responses, but both have led to allegations of bias. Read the article…………………….
Sprinkler system knocks down fire at Orleans condo complex (MA)
A sprinkler system doused a stove fire in a multi unit condo complex in Orleans Wednesday afternoon. The fire started on the second floor of the three story structure Read the article……………………………
Council votes to accept seven private roads as public ways (MA)
A years-long process to turn seven city streets from private ways to public roads is almost complete after a first reading by the City Council on May 21……Onyski said the Devon Manor Homeowners Association and neighbors on Hillcrest Circle all did a lot of the work. “It was a great team effort,” he added.Read the […]
Residents in 11-unit condo in North Attleboro evacuated after early morning fire (MA)
Numerous people were evacuated from a multi-unit condominium building of Route 1A early Thursday morning following a small fire. The fire was traced to a dryer but filled the building with smoke, fire officials said. Read the article………………………….
Dedham elected official accused of stealing thousands in Rhode Island condo fees (MA/RI)
The vice chair of the Town of Dedham’s Board of Assessors is under investigation, accused of stealing tens of thousands of dollars from a Rhode Island condo association. Read the article……………………………
Condo Association Must Produce Engineering Study (MA)
On January 6, members of the Villages at Mattapoisett condominium association Board of Directors once again came before the Planning Board to request the return of a $50,000 surety the town holds. This is part of their Special Permit granted a number of years ago and listed as permit condition number 11. Read the article……………………………
5 Units Uninhabitable After Fire Hits Framingham Condo Complex (MA)
Five units in a Framingham condo complex were deemed uninhabitable after a fire broke out at the Oak Terrace Condominiums Thursday morning. The fire began in the building’s laundry room and spread to the roof, Acting Fire Chief Michael Dutcher said. Read the article…………………………..
South Deerfield woman satisfies settlement with condo association (MA)
A Superior Court judge has vacated the restitution order against a South Deerfield woman accused of embezzling money from a condominium association after she satisfied the settlement agreement. Read the article……………………….
Court slaps down South End garage owner’s legal complaints about neighboring condo building (MA)
The Supreme Judicial Court today told the owner of a garage that wraps around a condo building at 477 Harrison Ave. to knock it off with retaliatory legal filings over the building’s construction. Garage owner Arthur Leon and developer Holland Development have been battling in court and before the Boston zoning board since 2012, not […]
Resident Escapes Injury In Easton’s Condominium Fire (MA)
At least one resident escaped injury in a condominium fire on Foundry Street in Easton on Wednesday. The fire broke out around 2:50 p.m. at Fox Run Condominiums. Two homes were affected, and each home had one resident living there, fire officials say. At least one of those residents was home at the time, but […]
‘Right to dry’ law would protect clotheslines (MA)
Hanging out the wash used to be a regular chore, whether strung on a line across a backyard or back alley, until the advent of gas and electric dryers made it unnecessary. Then local codes and condo rules came along and stopped anyone thinking of stringing up their shirts, pants and underwear in their tracks. […]
Leyden man arraigned for larceny at condo association (MA)
A Leyden man was arraigned in Hampshire Superior Court Monday afternoon for allegedly stealing more than $1,200 from a condo association. Shane Parker, 33, pleaded not guilty to a single charge of larceny over $1,200 and was released on his own recognizance. His next court appearance is scheduled for Jan. 15. Read the article……………………….
No easement? No problem. Condos rise in a backyard (MA)
When Nashira Baril moved to Taylor Terrace just three years ago, she and her husband were drawn to the quiet dead-end row of single-family homes off of River Street in Mattapan. A single-family and a duplex lay just beyond her back yard. Then, in a scenario that’s playing out in neighborhoods throughout Boston, the single-family […]
Appeals Court Holds that Unit Owner Does Not Have Express Easement or Easement by Necessity to Gain Access To Fire Escape
Last week, the Massachusetts Appeals Court issued a decision in Chamberlain v. Badaoui, 2019 WL 3334700 (“Chamberlain”) reversing the lower court’s judgments, holding that a condominium master deed does not contain an express easement permitting a unit owner to gain access to a fire escape through another owner’s unit, nor did the unit owner have […]
Deerfield woman must repay money (MA)
A fiduciary embezzlement charge against a South Deerfield woman will be dismissed if she pays back nearly $11,000 to the Stillwater Condominium Association within one year. Read the article…………………..
When man’s best friend isn’t the neighbor’s (MA)
In the old days, when people in condos or apartment buildings gossiped about the neighbors, the targets were typically fellow human beings. But now? Let’s let Gayle Saks, a resident in a dog-friendly apartment community in Melrose, take it from here. “There was a yappy Boston terrier upstairs and that dog was a jerk,” she […]
Burst Pipe at Condo Complex Forces About 100 Tenants Out of Homes (MA)
A burst pipe at an apartment building in Billerica, Massachusetts, has forced more than 100 residents out of their homes with few answers. The town temporarily condemned the building on Wednesday after a 4-inch pipe burst in the attic of Building 1 at The Commons on Boston Road. It houses roughly 60 units. Read the […]
Repairs to crumbling North End condo building will take months (MA)
Their building has been condemned and now dozens of North End residents are learning it’s going to be months before they’re able to go back home. The condo building at 454 Hanover Street was deemed to have ‘significant structural concerns’ last week and the property manager told residents Wednesday night it will take at least […]
Anthony Delestre admits stealing from residents of Springfield condo complex where he worked (MA)
A former maintenance worker on Tuesday pleaded guilty to 23 charges connected to the theft of items from 19 Georgetown Condominiums residents over several years. Anthony F. Delestre, 52, of Orange Street, pleaded guilty to breaking and entering in the daytime with intent to commit a felony and larceny over $250. He also pleaded guilty […]
Deck collapses at Andover condo complex (MA)
Residents of the condominium complex at 18 Dale St. are being told to stay off their decks after one of them collapsed Wednesday afternoon. No injuries were reported. Fire Chief Michael Mansfield, whose department and a building inspector went to the scene at around 3:30 p.m., said, “The deck partially collapsed due to structural deficiency.” […]
New Boston Ordinance Regarding Electric Vehicle Charging Stations (MA)
As one of the final acts of the 2017/2018 Massachusetts legislation session, the House and Senate passed and the Governor signed a City of Boston Home Rule Petition relative to electric vehicle charging stations at condominiums and other community associations in Boston. It is important to note that this bill only pertains to the City […]
Cambridge to consider ways to let renters, condo owners run power cords to charge their electric vehicles at the curb (MA)
Cambridge city councilors say renters and condo owners who buy electric cars are increasingly running extension cords out their windows and across sidewalks to power up their vehicles. Read the article………………….
Liman and Squibnocket Farm bury the hatchet (MA)
Hollywood director Doug Liman and Squibnocket Farm, a well-to-do subdivision, have agreed to an armistice in the legal battle over the Squibnocket Bridge (or causeway). The deadline for Liman to advance the appeals of two Ldrvand Court decisions arrived this week. They have been dropped. Read the article……………..
Appraiser admits role in condo-flipping scheme after six years in Ireland fighting extradition (MA)
Patrick Lee, 45, admitted in federal court on Wednesday that he and relatives defrauded lenders of $1.5 million in a mortgage-fraude scheme in 2005 and 2006, involving properties in Dorchester, South Boston and Randolph. The US Attorney’s office in Boston reports that Lee faces up to 30 years in prison at his Feb. 28 sentencing […]
Shed at Gateway Center ensures property rights (MA)
High Rock Development has erected a building on the corner of Boston and Bridge streets, but it’s unlikely to fit all 117 condo units proposed for the site. It isn’t even four stories tall, and it sure as heck won’t fit a restaurant. In fact, it’s guaranteed to be taken down at some point. That’s […]
Condo Owners Organize in Protest of ‘Exclusive’ Water Discount Program (MA)
A new and irate constituency of condo owners has arisen in response to the Water Discount program championed by Councilor Giovanni Recupero and voted on by the City Council Sept. 24 – a proposal that excludes condo owners from the owner-occupied water bill discount. Read the article………………
Condos built atop former city dump leaves Lowell on the hook for $1.5 mill (MA)
The owners of condominiums built on the contaminated site of a former city dump on Willard Street are poised to collectively receive more than $1.4 million from the city. A Lowell Superior Court jury ruled that the city is responsible for $1,419,550 in environmental damages for the 36 current and former owners of the Grand […]
Ten steps a property manager can take to prevent fraud in your community association (MA)
As a homeowner who lives in an association, you put a lot of trust in the people designated to manage your association’s money. So it can come as quite a shock if you discover that one of those people has been stealing from your association’s funds. Fortunately, there are steps that board members can take […]
Deerfield woman charged with embezzling from church (and condo) (MA)
According to an initial report filed by Sokoloski in District Court, a representative of the Stillwater Condominium Association came to the police station after being contacted by Greenfield Savings Bank’s fraud and theft prevention division, which reported that $18,173 had been transferred from the condo association’s account without approval over about five years. Read the […]
Court: Condo owners can’t have their rights to sue developers for shoddy construction waived away in condo docs written by those developers (MA)
The Supreme Judicial Court ruled today that developer-written condo-trust provisions that make it impossible to sue the developer for construction-related problems are illegal. The ruling means that the condo board of the 42-unit Cambridge Point complex at 2440 Massachusetts Ave. in North Cambridge can proceed with a lawsuit against the company that put up the […]
Somerville’s condo conversion law faces legal challenge (MA)
Somerville’s housing wars have a new battlefield: a city ordinance that controls conversions of apartments to condominiums, which tenant advocates say has been exploited by landlords, while developers complain it is overly restrictive and possibly illegal. The fight is playing out in City Hall, where Somerville aldermen acknowledge the 32-year-old ordinance, a vestige of the […]
Pols urge tougher review of Southie condominium flips (MA)
City officials are calling for a year-long period of stricter review for small houses being flipped into large condo projects in South Boston, saying the city needs to scrutinize those plans as it reviews recently passed regulations to make even more changes. Read the article…………..
Representing condominium developers (MA)
Like most condominium lawyers, I represent condominium associations and developers. In this article, however, I am going to summarize some of my thoughts on representing condominium developers. I am deliberately being provocative and aggressively pro-developer in this article. As Sasha said to Yvonne in Casablanca: “Yvonne, I love you dearly, but he” (i.e., Rick) “pays […]
Committee backs trash collection ban for condos (MA)
The city will no longer pick up trash and recyclable materials for condominiums built after Dec. 31, 2016, pending a vote next week of the City Council. The council’s Ordinances, Charter & Rules Committee this week voted, 4-1, to endorse a change to the municipal code that will require condo associations to make arrangements for […]
State (MA) asks Danvers homeowners for permission to test for arsenic
Residents who live near Brown Pond and at the Winding Brook Village Condominiums in the area of Purchase and Ash streets are being asked by state environmental officials for permission to go on their properties to see how widespread arsenic contamination might be from a former tannery that was torn down a century ago. […]
Court case continued until June for mother and son accused of stealing over $180K from Leominster (MA) condo association
A discovery hearing in District Court for a mother and son accused of stealing over $180,000 from a local condominium association was continued Thursday. Judith R. Remy, 77, of 131 Litchfield Pines Drive, and Raymond R. Remy, 55, of 92 Middle St., were arraigned in December on charges of larceny over $250 for the alleged […]
Lewis Wharf Condo Board Questions Hotel Developer’s “As Of Right” Claims
Legal counsel for the Lewis Wharf Condominium Board has sent a letter to the Boston Redevelopment Authority requesting that “as of right” statements by the developer be clarified at public meetings regarding the proposed hotel complex. Read the article………….
Second Hand Smoke
On Monday the Falmouth Board of Health discussed an issue that may become more pressing as the use of medical marijuana grows and more states legalize it. “It’s an interesting case,” said board member George R. Heufelder. “People didn’t predict this would happen.” The board received an e-mail from a person living in a condo, […]