Condominium Law

During the pandemic, we have received numerous inquiries from condominium associations and property managers as to whether it is proper or permissible for meetings to be held remotely.  The short answer is probably not.  Most condominium documents require that trustee and owner meetings be held in-person and that owners vote in person or by proxy […]

We frequently receive inquiries from condominium associations and landlords regarding the rights of unit owners or tenants to have service or assistance animals when the condominium documents or the lease specifically prohibit pets or certain types of pets.  The question is and remains very fact-specific and every situation is different so you should definitely consult […]

Condo associations and property managers are faced with the challenge of maintaining accurate and detailed records of fees and assessments due from unit owners.  Regular maintenance of records may seem like an obvious task, but when it comes to obtaining delinquent common expenses, keeping the books straight is more than just good business practice, it […]

SLG is proud to announce that Tim Schofield has been elected Co-Chair of the Condominium Law and Practice Section of REBA, the Real Estate Bar Association of Massachusetts.  REBA advances the practice of real estate law by creating and sponsoring professional standards, advocating in the legislative process, mentoring new members of our profession, and creating […]

In a case handled from inception to conclusion (including argument before the SJC) by Attorney Mark Rosen, who recently joined the Schofield Law Group, the Supreme Judicial Court has ruled that an arbitration provision contained in a condominium’s governing documents does not entitle the prevailing party to an award of attorneys’ fees and costs. The […]

The growing popularity of home-sharing services, such as Airbnb, is raising concerns for property managers and condominium associations. We often get calls from clients who want to end the flow of tourists and transients coming into their buildings. Fortunately, there are tools available to condominium associations to confront this growing problem. For example, the condominium […]

The Massachusetts Legislature has recently taken action on issues related to condominium law. During the past session, which ended this summer, two bills were introduced that sought to clarify or amend M.G.L. c. 183A, the current statute governing condominium law. Neither bill was enacted by both chambers (as is required in order to be signed […]

Efforts by Massachusetts lawmakers are underway to change the rules regarding condo financial records, potentially exposing condo associations to legal actions by unit owners. The Legislature is close to passing a bill that would force condo associations to make a variety of documents easily accessible to unit owners or risk paying the price in court.  […]

A recent Appeals Court ruling held that the economic loss doctrine had been misapplied to a condominium association’s negligent construction claim, improperly reducing its recovery for defective window frames and a leaking roof.  The ruling was significant because the Court recognized that the common areas and privately owned units of the condominium were separate properties, […]

In good news for those in the condo market, the Federal Housing Administration has revised its rules for condo financing, undoing years of frustration at rules that made most condos ineligible for FHA loans and their benefits.  The changes were issued and came into effect on September 13, 2012. The FHA requires that certain aspects […]