Condominium Law

In Massachusetts, residential and commercial condominiums are governed by the Massachusetts Condominium Act, Chapter 183A, which creates a framework for all condo operations, procedures and governance. These regulations differ from traditional real estate law and can be onerous and challenging to navigate. As a condo developer, contractor, owner, lender, tenant or condominium board member, you need specialized and sophisticated legal counsel well-versed in Chapter 183A.

Boston Condo Lawyers

With decades of experience in condo law, including one lawyer who served three terms as Chair of the Board of Trustees of a large 374-unit Boston high-rise, we represent all parties involved in residential and commercial condominiums in Massachusetts and across New England. Drawing on our in-depth understanding of condominium law, combined with our expertise in real estate and construction law, we assist clients with a broad range of transactional and litigation matters.

Condominium Associations

We provide condo association boards with an array of legal services to help ensure the board operates smoothly and remains compliant with state regulations. From board formation to ongoing general legal advice, we help condo associations avoid legal problems. Our services include:

  • Bylaw drafts, revisions and amendments
  • Preparation of condominium master deeds and trusts
  • Contract review and negotiations
  • Counseling on capital projects, special assessments and bank financing
  • Issues concerning voting rights
  • Power of condominium association trustees
  • Issues with condominium unit owners
  • Construction defects
  • Litigation and mediation
  • Counseling lenders

Condominium Developers

We assist condo developers with the full spectrum of projects, from small condo conversion projects to large condo complexes. Our legal team is ready to assist you with:

  • Construction, expansion, and renovation projects
  • Permits and zoning issues
  • Analyzing, drafting, and negotiating contracts
  • Responses to construction defect claims
  • Mediation, arbitration and litigation of disputes
  • Financing

Condominium Owners

Condominium owners have unique needs. Our clients include condominium homeowners who are selling, purchasing or leasing a unit. We routinely assist condo owners with:

  • Contract review
  • Contract negotiations
  • General advice on disagreements with the condominium association or neighbors
  • Disputes pertaining to fees, dues or rent
  • Board or trustee decision appeals
  • Construction issues
  • Leasing issues

Highlights of our experience include:

  • Represented the sellers of a four-acre commercial Cambridge property to facilitate a $43.9 million real estate transaction; the property, known as the Cambridge Distribution Center, was a commercial condominium having 20 unit owners.
  • Representing developers in the acquisition, development, conversion and sale of a variety of residential condominium projects, including representing a developer in the creation of a newly-constructed, mixed-use condominium in East Boston, including the sale of 66 residential units and four ground-floor commercial units.
  • Represented the Board of Trustees of a newly developed 33-unit residential condominium in Boston asserting claims for construction defects against the developer and general contractor of the condominium. Despite the majority of the claims being against multiple single-purpose entities with no assets, the firm also asserted theories of liability against the owners of the entities and was ultimately able to resolve the matter for a substantial settlement payment to the condominium.
    Obtained summary judgment on behalf of a Back-Bay condominium owner who was improperly assessed a portion of a condominium’s special assessment to rebuild its parking garage. On appeal by the condominium, represented the client before the Massachusetts Court of Appeals, which affirmed the judgment in favor of the owner.
  • Represented a condominium unit owner who protested the condominium’s plan to replace the building’s heating systems, successfully defeating the trustees’ proposed plan.
  • Represented a unit owner in a dispute with the condominium’s Board of Trustees due to the Board’s failure to stop noxious and offensive cigarette smoke fumes from traveling between units.
  • Represented a condominium unit owner in a dispute with the owner of the unit below after the installation of recessed ceiling speakers, which crossed into the common area ceiling space and caused noise and vibrations in the unit above.
  • Represented property owners and developers in matters involving construction defects, including the defense of a developer of a Boston condominium project from claims of construction defects asserted by the condominium trust and certain individual unit owners, and the representation of a high-end waterfront homeowner in a lawsuit against the manufacturer of custom windows due to defects and leaks.
  • Defended the developer of an East Boston condominium complex against claims of construction defects.

To speak with one of our condominium law attorneys call Jim Rudolph at 617.723.7700 or contact us online.

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