SJC Issues Landmark Ruling on Condos
Defense attorneys appreciate statutes of limitations, but truly love statutes of repose. The differences between such statutes seem arcane and technical to most people, but to attorneys the differences are huge.
Major Apartment Manager Avoids Suit Over Security Deposit
The Massachusetts security deposit statute imposes numerous restrictions on landlords who require security deposits from residential tenants. Noncompliance can be costly to landlords.
How Brookline Bank Built a $90M Condo Association Loan Portfolio
Wes Blair saw an opportunity when state law changed in 1993, and helped create a lending program for Brookline Bank that helps condominium associations finance replacements and improvements.
Rent Acceleration Clauses Pose Hazard for Defaulted Tenants
Rent acceleration clauses allow landlords to evict defaulted tenants and demand that they immediately pay all remaining rent through the end of the lease term as liquidated damages.
Who Counts as ‘Aggrieved’ in Zoning Disputes?
The Zoning Act does not specifically define the term “person aggrieved,” so Massachusetts courts have developed their own jurisprudence when deciding this threshold issue in zoning cases.
Take Your Neighbor to Court? It’s Not That Simple in Mass.
The following scenario is not uncommon in Massachusetts: An abutter awakens one morning to find a building under construction next door. The building violates local zoning regulations. But before the abutter can run to the courthouse, they must carefully go through several, not necessarily obvious steps.
Cooperative Housing: Where Exclusivity Is Assured
What do Richard Nixon, Gloria Vanderbilt, Madonna, Billy Joel and Calvin Klein all have in common? They are among many noteworthy personages who were rejected when seeking to buy into cooperative housing projects.
Eviction Ban is the Law of the Land in Massachusetts
Since Gov. Charlie Baker declared the COVID-19 emergency on March 10, recent legislation and court orders have effectively suspended eviction actions in Massachusetts.
COVID-19 Ignites Interest in ‘Frustration of Purpose’
Commercial leases usually include “force majeure” clauses that excuse parties from performing non-monetary obligations during national disasters or civil unrest. But these generally offer no relief from tenant rent obligations.
Real Estate Attorney Liable Under Successor Liability
Would you have any recourse if you win a money judgement against a business whose owner quickly files for bankruptcy and starts a new business under a similar name, using the same assets to provide the same services to the same customers?
Your Texts and Emails Can Create Binding Contracts
A tough problem faced by a New Bedford beef jerkey manufacturer shows courts will enforce contracts formed by email, but only if certain conditions are met.
Tax Benefits for Gateway Cities Projects Abound
Real estate investors should pay special attention to downtown areas of Brockton, Fitchburg, Lowell, Lynn and Worcester, where overlapping HD zones and Opportunity Zones are within walking distance of commuter rail stations.
Participating Loans Give Lenders a Share of the Upside
For more highly leveraged projects, some lenders offer “participating loans,” where borrowers pay additional interest tied to cash flow or appreciation. What do you need to know about them?
Waterfront Standoff Continues In Wake of Ruling
“Not in my backyard” could be the state motto in Massachusetts, where major real estate developments routinely endure costly legal challenges. The Chiofaro Co.’s proposed 600-foot mixed-use tower at the Harbor Garage site near the New England Aquarium in Boston is an example.
SJC Reverses Judgment Against Psychiatric Hospital
Behavioral health programs enjoyed a victory in a case before the Supreme Judicial Court that ruled a McLean Hospital program was protected under the Dover Amendment.
Smart Growth Zoning Falls Short of Expectations
According to DCHD records, 42 cities and towns have now adopted smart growth zoning, covering over 2,300 acres which can accommodate 22,213 dwelling units. But so far only about 3,750 dwelling units have been built or permitted, an increase of about 1,250 units since 2014.
Vineyard Wind Turbine Faces Permitting Difficulties
Scientists, politicians and pundits warn us daily about the dangers of climate change and our over-reliance on fossil fuels. But when energy firms propose offshore wind turbine projects in the United States, lobbyists and regulatory agencies often hinder them.
Supreme Court Opens Federal Doors to ‘Takings’ Plaintiffs
Why should property owners care about a legal dispute involving a local ordinance in rural Pennsylvania requiring that cemeteries on private property be open to the general public? Because last month the U.S. Supreme Court issued a groundbreaking decision about this dispute that will have broad ramifications.
Sprinkler Mishap Sparks Dispute at South Boston Complex
A failed wet sprinkler system in a South Boston luxury apartment building spawned a case showing courts are unlikely to entertain buyers’ suits against sellers for defects discovered after closing.
Co-Living Projects Enter Uncharted Legal Territory in Boston
While the Boston market holds interest for co-living project operators, the city presents challenges from a regulatory perspective. Boston’s zoning code is complicated, with many neighborhoods, in effect, having their own zoning ordinances.
