condo association law massachusetts what lawyer

Full Answer

Is there a condominium act in Massachusetts?

Condominiums. The Commonwealth of Massachusetts does not have any jurisdiction or regulatory oversight over Condominiums. Condominiums are privately owned, managed and governed through the terms set forth in the Master Condominium Documents, deed and by-laws and Chapter 183A of the Mass. General Laws.

How are condominium and homeowners associations organized in Massachusetts?

Most condominium and homeowners’ associations in Massachusetts are organized as corporations (incorporated). Visit the Secretary of the Commonwealth of Massachusetts to check the corporate status of an association.

What kind of lawyer do I need for condominium law questions?

Questions about the condominium law, condominium trusts and associations, interpretations of condo documents, and the rights and responsibilities of condo owners are all legal in nature and should be directed to an attorney with real estate experience, including condominium law.

How do I get a lawyer in Massachusetts?

You may call the Mass Bar Association Lawyer Referral Service at (617) 654-0400 or (866) 627-7577. You may also qualify for another legal resource, M assLegalServices.

Who oversees condo associations in Massachusetts?

The Commonwealth of Massachusetts does not have any jurisdiction or regulatory oversight over Condominiums. Condominiums are privately owned, managed and governed through the terms set forth in the Master Condominium Documents, deed and by-laws and Chapter 183A of the Mass. General Laws.

Who generally enforces bylaws and manages the overall property in a condominium?

Bylaws can be enforced by the condominium association through formal proceedings (or by a unit owner through a MRCP 23.1 derivative action) such as in court.

Can a condo association evict an owner in Massachusetts?

Part of the difficulty, at least in Massachusetts, explains Flynn, is that “there is no settled law on whether an association can evict a unit owner's tenant.

How do you amend a condo bylaw in Massachusetts?

Determine What Constitutes Your Master Deed. ... Discuss What is to be Amended at One or More Board Meetings. ... Appoint a Committee to Drill Down on the Details. ... Determine the Requirements for Approving the Amendment. ... Contact Counsel for Analysis and Drafting of Amendment Documents. ... Keep the Unit Owners Informed.More items...•

What controls and maintains the common elements of a condominium and enforces the condominium bylaws?

Which controls and maintains the common elements of a condominium and enforces the condominium bylaws? The answer is owners association. The owners association is established by the condominium declaration.

What is condominium rules?

Condo rules are designed to promote the safety of owners and prevent unreasonable interference to the use and enjoyment of the units as well as common elements. The condo rules will dictate what individuals on the condo corporation property can and cannot do.

Can a condo association force an owner to sell in Massachusetts?

Condo associations cannot legally force an owner to sell their condo, but they can take legal action in extreme cases. If a condo association believes one owner's behavior is detrimentally affecting the community, they can ask the courts to intervene.

How can I get out of paying my HOA dues?

How to Get Out of Paying HOA DuesAsk to see the HOA budget. ... Join the HOA board. ... Look at all of the HOA's contracts. ... Cut landscaping costs. ... Look into the property management fees. ... Examine the insurance policies. ... Reduce non-essential projects. ... Reduce reserves.

Is Massachusetts a super lien state?

But in Massachusetts, six months' worth of delinquent common expense assessments, including costs and attorneys' fees, have super-lien status. (Mass.

What is the Massachusetts condominium Act?

Massachusetts has detailed rules related to the establishing of a condominium and the responsibilities of all parties involved, including the board, the owners of individual units, and their tenants.

What is a condominium trust Massachusetts?

The Court held that the Massachusetts Condominium Act establishes a condominium trust as a legal entity that is separate and distinct from the unit owners, and thus it is a separate and distinct water user.

How do I find condo bylaws in Massachusetts?

You can find the Massachusetts Condominium Statute under Part II, Title I, Chapter 183A of the Massachusetts General Laws.

Rich May, P.C

Since 1937, Rich May has provided experience-based counsel to business and individual clients.

Simonds, Winslow, Willis & Abbott

A Law Firm practicing Condominium Law. Each attorney is an independent practitioner who is not responsible for the practice or liability of any other attorney in the office.

Law Office of Vesper Gibbs Barnes & Associates

Experienced Boston Area Lawyers Serving The Community For 20+ Years. High-Quality Legal Services at Affordable Rates.

The Law Offices of Thomas Mason P.C

Thomas Mason has more than two decades of experience helping his clients with personal and business financial issues.

Cohen Law Group

A Law Firm practicing Condominium Law. The Cohen Law Group specializes in handling a variety of matters for businesses of every size. The firm is able to leverage attorney ... Read More Herbert S. Cohen's 50+ years of experience in representing

PERCY LAW GROUP, P.C

At Percy Law Group, PC, we are your dedicated problem solvers. Whatever your legal need, contact us and gain the benefit of our extensive experience.

The Law Offices of Thomas Mason P.C

Thomas Mason has more than two decades of experience helping his clients with personal and business financial issues.

What is condo law?

Condominium Law. Condominiums are a popular alternative to purchasing a stand-alone single-family house or commercial building. In Boston and throughout Massachusetts, homeowners and business owners alike enjoy the benefits of condominium ownership such as the use of common areas, the low-maintenance lifestyle and generally, ...

What is land use and development dispute?

Land use and development disputes: Disputes over who has the right to decide how land is used and what land is included in development. Civil litigation: Disputes over property damage, construction defects, or housing discrimination. Insurance disputes: Denial of claims after a natural disaster or accident.

Who does the firm represent in condominium legal matters?

River Street Law represents condo association boards and property managers in carrying out day-to-day operations for condominiums, which can be far from routine. Lien enforcement for unpaid common area fees can sometimes be much more complex than initially anticipated, especially when working on tight timelines and in smaller condo associations.

What can you expect from from a condo attorney at River Street Law?

In the realm of condominium law, all of the legal issues faced by associations and unit owners affect your home, your community, and one of the largest investments you may ever make. It is hard to avoid making it personal when facing a condo legal dispute.

Newburyport Condominium Association Attorneys

A condominium association is a complicated arrangement, and the board has numerous rights and obligations spelled out in the bylaws and Massachusetts law. These include collecting common area charges, holding meetings, proper record keeping and other matters.

Trustee Liability

Condo boards are constantly making decisions based on the board’s and unit owners’ rights and responsibilities. Trustees are often concerned that they may be personally liable, should a court find their actions improper.

Newburyport Condominium Association Lawyers

Mark L. Janos is an established Massachusetts law firm offering knowledgeable and experienced attorneys dedicated to clients. We handle a broad spectrum of legal concerns, and enjoy long-lasting relationships with satisfied clients. You do not need to go into Boston for a firm well-prepared to serve your needs.

What is the federal law in Massachusetts?

Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Massachusetts. Massachusetts Condominium Statute, Mass. Gen. Laws ch. 183A, §§ 1 et seq.:

What is the 190th General Court of the Commonwealth of Massachusetts?

The 190th General Court of the Commonwealth of Massachusetts - Search your state representative and the legislation (or, "statutory law") database. Massachusetts Bar Association - The agency offers access to a lawyer directory, lawyer referral service, and free or low-cost legal services.

What is the goal of a HOA?

Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension. Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners.

Is a condominium a corporation in Massachusetts?

Most condominium and homeowners’ associations in Massachusetts are organized as corporations (incorporated). Visit the Secretary of the Commonwealth of Massachusetts to check the corporate status of an association.

What are the advantages of arbitration in condominiums?

The advantages of arbitration are that it is speedy, efficient and inexpensive. In most cases in which I serve as arbitrator, the parties are not represented by an attorney.

What are the issues with condominiums?

Are you involved in a condominium-related dispute? I represent clients in condominium disputes involving other owners and/or owners associations in matters such as: 1 Quiet enjoyment and noise matters 2 Common element use issues (such as those involving a common roof, driveway, or wall) 3 Repair and maintenance matters 4 Association governance and accounting matters 5 Utility matters 6 Alleged violations of covenants and declarations 7 Matters involving liens, the collection of assessments, fines, and evictions