Massachusetts Condominium Law
Hands-on approach, answers to your questions
- Product Number: 2233948WFM
- Publication Date: 12/29/2022
- Edition: 5th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
This comprehensive resource is full of practice-tested insight and recommendations on a wide range of condominium-related issues, such as dealing with "as built" plans, drafting and negotiating master deeds, conducting unit sales transactions, understanding distinctions between condominiums and cooperatives, and addressing the purchase, sale, leasing, and financing of commercial condominiums. Other topics include common areas and common facilities, phasing, certification requirements, tenant conflicts, transition plans, and mixed-use options.
Recent updates:
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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
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Update: December 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandResidential Condominiums and Cooperatives - The Basics and a Comparison
Buy ChapterChapter 2 expandResidential Condominiums - The Master Deed
Buy ChapterExhibit 2A
- Sample Residential Condominium Master Deed and Trust for a Complex Project Buy FormExhibit 2B
- Sample Residential Condominium Master Deed and Trust for a Simple Project Buy FormExhibit 2C
- Sample Master Deed for a Leasehold Condominium Buy FormExhibit 2D
- Sample Master Deed for a Two-Unit Residential Condominium Buy FormExhibit 2E
- Sample Master Deed for a Phased Condominium Buy FormExhibit 2F
- Sample Amendment to Master Deed Adding a Phase to a Phased Condominium Buy FormExhibit 2G
- Sample Master Deed and Condominium Trust for a Mixed-Use Condominium Buy FormExhibit 2H
- Roof Deck Provisions Buy FormExhibit 2I
- Sample Grant of Limited Common Area (Condominium Association) Buy FormExhibit 2J
- Sample Grant of Limited Common Area (Condominium Trust) Buy FormExhibit 2K
- Master Deed Provisions Regarding Parking Easements of Unit Owners Buy FormExhibit 2L
- Master Deed Provisions Regarding Parking Easements Sold to Outsiders Buy FormExhibit 2M
- Parking Lease Reversion Language Buy FormExhibit 2N
- “Restaurant Menu” Percentage Interests Table Buy FormExhibit 2O
- Conversion of a Housing Cooperative to the Condominium Form of Ownership Buy FormExhibit 2P
- Form of Notice to Tenants Under Chapter 527 of the Acts of 1983 Buy FormChapter 3 expandResidential Condominiums - “As Built” Plans
Buy ChapterChapter 4 expandResidential Condominiums—Drafting Management and Operational Provisions
Buy ChapterChecklist 4.1
- Provisions that Must Be Included in Condominium Bylaws Buy FormExhibit 4A
- Letter from the Office of the Massachusetts Attorney General to Condominium Trustees and Property Managers Regarding Legal Protections for Persons with Disabilities Buy FormExhibit 4B
- Condominium Budget Buy FormExhibit 4C
- Table Summarizing Notice Requirements Under 1992 Mass. Acts c. 400 Buy FormChapter 5 expandResidential Condominiums—How to Handle a Condominium Unit Sale
Buy ChapterExhibit 5A
- Seller’s Form Purchase and Sale Agreement for a Condominium Unit [Initial Sale After Recording of Masters Deed] Buy FormExhibit 5B
- Tax Letter Agreement Buy FormExhibit 5C
- Subordination Agreement Buy FormExhibit 5D
- Partial Release of an Individual Condominium Unit and Its Appurtenant Undivided Interest in the Common Areas and Facilities of the Condominium Buy FormExhibit 5E
- Unit Deed with Parking Space Buy FormExhibit 5F
- Unit Deed Without Parking Space Buy FormExhibit 5G
- 6(d) Certificate Buy FormExhibit 5H
- Unit Reservation Form Buy FormChapter 6 expandLegal Aspects of Commercial Condominiums
Buy ChapterExhibit 6A
- Sample Master Deed for Phased Commercial Condominium Buy FormChapter 7 expandCooperative Housing
Buy ChapterChecklist 7.1
- Documents Required to Create a Cooperative Corporatio Buy FormChecklist 7.2
- Cooperative Loan Documents Buy FormChecklist 7.3
- Cooperative Apartment Closing Checklist Buy FormExhibit 7A
- Provisions for Articles of Organzation Buy FormExhibit 7B
- Bylaws of ____ Corporation Buy FormExhibit 7C
- Proprietary Lease Buy FormExhibit 7D
- Notice of Lease Buy FormExhibit 7E
- Proprietary Lease (Recordable Form Incorporating Standard Terms of Lease by Reference) Buy FormExhibit 7F
- Cooperative Corporation Standard Terms of Proprietary Lease Buy FormExhibit 7G
- Occupancy Agreement Buy FormExhibit 7H
- Assignments of Proprietary Lease Buy FormExhibit 7I
- Acceptance of Assignment and Assumption of Proprietary Lease Buy FormExhibit 7J
- Form of Purchase and Sale Agreement Buy FormExhibit 7K
- Security Agreement and Leasehold Mortgage Buy FormExhibit 7L
- Pledge and Assignment Buy FormExhibit 7M
- Recognition Agreement Form Buy FormExhibit 7N
- Stock Certificate Buy FormExhibit 7O
- Massachusetts Department of Revenue Private Letter Ruling No. 1979-52 Buy FormExhibit 7P
- Massachusetts Department of Revenue Private Letter Ruling No. 1990-1 Buy FormExhibit 7Q
- Stock Ledger Buy FormChapter 8 expandCondominium Lien Law—Covenants, Obligations, and Enforcement
Buy ChapterChapter 9 expandCondominium Lien Law—Lien Enforcement Actions and Priorities in Foreclosures
Buy ChapterExhibit 9A
- Section 6(d) Certificate Buy FormExhibit 9B
- Sixty-Day Notice to Unit Owner Buy FormExhibit 9C
- Sixty-Day Notice to Unit Owner (Alternate) Buy FormExhibit 9D
- Sixty-Day Notice to Mortgagee Buy FormExhibit 9E
- Thirty-Day Notice to Mortgagee Buy FormExhibit 9F
- Complaint Buy FormExhibit 9G
- Application for Default Buy FormExhibit 9H
- Plaintiffs’ Motion for Default Judgment, Assessment of Damages, and Entry of Judgment and Order Buy FormExhibit 9I
- Plaintiffs’ Motion for Summary Judgment Buy FormExhibit 9J
- Plaintiffs’ Memorandum in Support of Motion for Summary Judgment Buy FormExhibit 9K
- Notice of Sale of Real Estate Buy FormExhibit 9L
- Memorandum of Sale of Real Property at Auction Buy FormExhibit 9M
- Auctioneer’s Release Deed Buy FormExhibit 9N
- Attorney’s Affidavit Buy FormExhibit 9O
- Motion for Relief from Automatic Stay Buy Form - Editors & Authors