Condominium Law

Practice Areas > Condominium Law

The firm represents condominium associations and home owners associations. In addition, the firm has prepared condominium master deeds, declarations of trust and rules and regulations for condominium developers. We work with numerous condominium associations in the day-to-day governance of the organization of unit owners

That work includes the following:

  • Corporate Governance: advising the governing board on issues related to elections, voting and complaints raised by individual unit owners
  • Amendment of Documents: assisting in the amendment of condominium documents, including the rules and regulations and the master deed and declaration of trust in appropriate cases
  • Lien Enforcement Litigation: representing the governing board in actions against unit owners and lenders to protect the rights of the association under the Massachusetts super-lien statute
  • Rules Enforcement: working with the governing board to achieve compliance with the rules and regulations by individual unit owners
  • Defense of Board Actions: representation of the governing board in litigation challenging the conduct of the board
  • General Operations: working with the governing board and the management company on issues concerning the ordinary maintenance and operation of the condominium
  • Claims and Litigation: representing the governing board in pursuing claims against insurance carriers and third parties who are responsible for defective work, damage to the common elements or who otherwise have obligations to the condominium that they have failed or refused to fulfill.

Many legal issues that confront condominium associations can be resolved in an efficient manner with the coordinated efforts of the attorney, the governing board and a professional management company. A careful and systematic approach to common problems and issues will often avoid more costly and complicated problems. As a result, the firm attempts to work closely with the governing boards and professional management companies. In those instances where formal legal action is necessary to protect the interests of the condominium association, e.g. in litigation to enforce the rights of the association, the firm represents the association in such litigation. In all instances, the firm works with the governing boards to enable the condominium to function in an efficient manner that protects the interests and equity of the unit owners.

 

 

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