Product Description

Recent updates:

• Update: December 2022

  Dear Subscriber:

  Thank you for updating your library with the 2022 edition of Massachusetts Condominium Law. This new edition brings updated resources within your immediate reach--for fast, accurate, and practical answers to your questions.

  Highlights from among the many issues addressed in this edition include

  • discrepancies between the condominium documents and a unit's actual dimensions or the layout of its parking space;

  • limitations on developers' phasing rights in general and in the face of an easement that at least temporarily blocks further development;

  • allocating use fees related to elements of the condominium property—such as exhaust vent systems—that are located partly in a unit and partly in the common area;

  • a Land Court ruling that the doctrine of adverse possession is "antithetical" to Chapter 183A's establishment of common ownership;

  • regulation of parking areas generally and conformance of exclusive-use parking easements to the site plan of record;

  • events triggering the running of the statute of repose set forth in G.L. c. 260, s. 2B;

  • the validity of two-tier condominiums under Chapter 183A;

  • a condominium association's duties with respect to criminal acts committed by a third party;

  • conformance of voting and proxy procedures to the provisions of a condominium's bylaws;

  • application of the Fair Debt Collection Practices Act to attorneys seeking to enforce condominium liens;

  • the scope of the payment-under-protest principle as applied to condominium assessments;

  • updated guidance on handling condominium unit purchases and sales, addressing issues such as mortgages; insurance; rights of first refusal; punch lists; utilities; parking easements; and closing dates;

  • compliance with recording deadlines following the COVID-19-relief orders that the Supreme Judicial Court issued in 2020; and

  • standards applicable to awards of attorney fees.

  We trust you will find this latest version of Massachusetts Condominium Law an invaluable resource in your busy practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Residential Condominiums and Cooperatives - The Basics and a Comparison

Buy Chapter

Samuel B. (Sandy) Moskowitz, Esq., Davis, Malm & D'Agostine, PC

Chapter 2 expand

Residential Condominiums - The Master Deed

Buy Chapter

Taylor P. Lovejoy, Esq., Davis, Malm & D'Agostine, PC
Samuel B. (Sandy) Moskowitz, Esq., Davis, Malm & D'Agostine, PC

Exhibit 2A

- Sample Residential Condominium Master Deed and Trust for a Complex Project Buy Form

Exhibit 2B

- Sample Residential Condominium Master Deed and Trust for a Simple Project Buy Form

Exhibit 2C

- Sample Master Deed for a Leasehold Condominium Buy Form

Exhibit 2D

- Sample Master Deed for a Two-Unit Residential Condominium Buy Form

Exhibit 2E

- Sample Master Deed for a Phased Condominium Buy Form

Exhibit 2F

- Sample Amendment to Master Deed Adding a Phase to a Phased Condominium Buy Form

Exhibit 2G

- Sample Master Deed and Condominium Trust for a Mixed-Use Condominium Buy Form

Exhibit 2H

- Roof Deck Provisions Buy Form

Exhibit 2I

- Sample Grant of Limited Common Area (Condominium Association) Buy Form

Exhibit 2J

- Sample Grant of Limited Common Area (Condominium Trust) Buy Form

Exhibit 2K

- Master Deed Provisions Regarding Parking Easements of Unit Owners Buy Form

Exhibit 2L

- Master Deed Provisions Regarding Parking Easements Sold to Outsiders Buy Form

Exhibit 2M

- Parking Lease Reversion Language Buy Form

Exhibit 2N

- “Restaurant Menu” Percentage Interests Table Buy Form

Exhibit 2O

- Conversion of a Housing Cooperative to the Condominium Form of Ownership Buy Form

Exhibit 2P

- Form of Notice to Tenants Under Chapter 527 of the Acts of 1983 Buy Form

Chapter 3 expand

Residential Condominiums - “As Built” Plans

Buy Chapter

Samuel B. (Sandy) Moskowitz, Esq., Davis, Malm & D'Agostine, PC

Checklist 3.1

- Condominium Plan Regulations Buy Form

Exhibit 3A

- Master Plan Certification Buy Form

Exhibit 3B

- Land Court Guidelines on Registered Land No. 57. Condominiums: Approval of Condominium Documents Buy Form

Chapter 4 expand

Residential Condominiums—Drafting Management and Operational Provisions

Buy Chapter

Samuel B. (Sandy) Moskowitz, Esq., Davis, Malm & D'Agostine, PC
Courtney Simmons, Esq., Davis, Malm & D'Agostine, PC

Checklist 4.1

- Provisions that Must Be Included in Condominium Bylaws Buy Form

Exhibit 4A

- Letter from the Office of the Massachusetts Attorney General to Condominium Trustees and Property Managers Regarding Legal Protections for Persons with Disabilities Buy Form

Exhibit 4B

- Condominium Budget Buy Form

Exhibit 4C

- Table Summarizing Notice Requirements Under 1992 Mass. Acts c. 400 Buy Form

Chapter 5 expand

Residential Condominiums—How to Handle a Condominium Unit Sale

Buy Chapter

William DeBear, Esq., Moriarty Bielan & Malloy LLC

Exhibit 5A

- Seller’s Form Purchase and Sale Agreement for a Condominium Unit [Initial Sale After Recording of Masters Deed] Buy Form

Exhibit 5B

- Tax Letter Agreement Buy Form

Exhibit 5C

- Subordination Agreement Buy Form

Exhibit 5D

- Partial Release of an Individual Condominium Unit and Its Appurtenant Undivided Interest in the Common Areas and Facilities of the Condominium Buy Form

Exhibit 5E

- Unit Deed with Parking Space Buy Form

Exhibit 5F

- Unit Deed Without Parking Space Buy Form

Exhibit 5G

- 6(d) Certificate Buy Form

Exhibit 5H

- Unit Reservation Form Buy Form

Chapter 6 expand

Legal Aspects of Commercial Condominiums

Buy Chapter

Angel Kozeli Mozina, Esq., Hackett Feinberg, PC

Exhibit 6A

- Sample Master Deed for Phased Commercial Condominium Buy Form

Chapter 7 expand

Cooperative Housing

Buy Chapter

Kenneth B. Gould, Esq., Lawson & Weitzen LLP
Carlos Teuscher, Suffolk University

Checklist 7.1

- Documents Required to Create a Cooperative Corporatio Buy Form

Checklist 7.2

- Cooperative Loan Documents Buy Form

Checklist 7.3

- Cooperative Apartment Closing Checklist Buy Form

Exhibit 7A

- Provisions for Articles of Organzation Buy Form

Exhibit 7B

- Bylaws of ____ Corporation Buy Form

Exhibit 7C

- Proprietary Lease Buy Form

Exhibit 7D

- Notice of Lease Buy Form

Exhibit 7E

- Proprietary Lease (Recordable Form Incorporating Standard Terms of Lease by Reference) Buy Form

Exhibit 7F

- Cooperative Corporation Standard Terms of Proprietary Lease Buy Form

Exhibit 7G

- Occupancy Agreement Buy Form

Exhibit 7H

- Assignments of Proprietary Lease Buy Form

Exhibit 7I

- Acceptance of Assignment and Assumption of Proprietary Lease Buy Form

Exhibit 7J

- Form of Purchase and Sale Agreement Buy Form

Exhibit 7K

- Security Agreement and Leasehold Mortgage Buy Form

Exhibit 7L

- Pledge and Assignment Buy Form

Exhibit 7M

- Recognition Agreement Form Buy Form

Exhibit 7N

- Stock Certificate Buy Form

Exhibit 7O

- Massachusetts Department of Revenue Private Letter Ruling No. 1979-52 Buy Form

Exhibit 7P

- Massachusetts Department of Revenue Private Letter Ruling No. 1990-1 Buy Form

Exhibit 7Q

- Stock Ledger Buy Form

Chapter 8 expand

Condominium Lien Law—Covenants, Obligations, and Enforcement

Buy Chapter

Samuel B. (Sandy) Moskowitz, Esq., Davis, Malm & D'Agostine, PC

Exhibit 8A

- Notice of Sale Form Required by G.L. c. 254, § 5A Buy Form

Exhibit 8B

- Fannie Mae Selling Guide Announcement SEL-2014-02 (January 14, 2014) Buy Form

Exhibit 8C

- Tessier v. Salem Five Cent Savings Bank Buy Form

Chapter 9 expand

Condominium Lien Law—Lien Enforcement Actions and Priorities in Foreclosures

Buy Chapter

Laura White Brandow, Esq., Moriarty Bielan & Malloy LLC

Exhibit 9A

- Section 6(d) Certificate Buy Form

Exhibit 9B

- Sixty-Day Notice to Unit Owner Buy Form

Exhibit 9C

- Sixty-Day Notice to Unit Owner (Alternate) Buy Form

Exhibit 9D

- Sixty-Day Notice to Mortgagee Buy Form

Exhibit 9E

- Thirty-Day Notice to Mortgagee Buy Form

Exhibit 9F

- Complaint Buy Form

Exhibit 9G

- Application for Default Buy Form

Exhibit 9H

- Plaintiffs’ Motion for Default Judgment, Assessment of Damages, and Entry of Judgment and Order Buy Form

Exhibit 9I

- Plaintiffs’ Motion for Summary Judgment Buy Form

Exhibit 9J

- Plaintiffs’ Memorandum in Support of Motion for Summary Judgment Buy Form

Exhibit 9K

- Notice of Sale of Real Estate Buy Form

Exhibit 9L

- Memorandum of Sale of Real Property at Auction Buy Form

Exhibit 9M

- Auctioneer’s Release Deed Buy Form

Exhibit 9N

- Attorney’s Affidavit Buy Form

Exhibit 9O

- Motion for Relief from Automatic Stay Buy Form

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Author(s)