Who is Responsible for Windows in a Condo?
A condominium is a type of property managed by a condominium owners association (COA). The general principle of a condominium is that the condominium owner handles the “exclusive elements,” while the association manages the “common elements.”
Continue ReadingCan a Condo Association Deny a Service Dog?
If you live in a condominium and have a disability, you may be interested in owning a service animal, such as a dog, to facilitate and support your well-being. At the same time, you might be curious whether your condominium owners association (COA) can deny your service animal.
Continue ReadingHow To Deal With an Illegal Pet Violation | MA Condos
Condominium owners associations (COAs) declarations typically contain pet restrictions you must review carefully before acquiring the property. These rules are legally enforceable but must comply with federal and state laws.
Continue ReadingIs the Condo Association Responsible for Sewer Backup Damage?
The condo building sewer backup responsibility may be shared between the HOA and the individual unit owners. Strangers may also be liable if they cause damage intentionally or negligently.
Continue ReadingMassachusetts Condo Smoking Laws
What do you do when your neighbor smokes in the condo? Can condo associations prohibit smoking on the property? What sort of restrictions can homeowners associations (HOAs) impose on smokers? Condo unit owners, landowners, property managers, and HOAs are typically closely connected by governmental regulations and contractual stipulations. These laws regulate their relationship, allowing an aggrieved party to seek legal action against a party who breaches the law. It is, therefore, vital to carefully review all smoking policies to enable you to enforce them without challenges.
Continue ReadingHow Do You Find Out if There Is an Easement on Your Property?
An easement is a legal right to use another person’s property. In other words, property easement rights allow another person to use or enter your land without possessing it. The individual or land that benefits from the easement is known as the “dominant tenement” or the “dominant estate.” The land that is burdened by the easement is known as the “servient tenement” or the “servient estate.”
Continue ReadingIs It Legal to Charge Different HOA Fees to Residents?
When you bought your Massachusetts or Greater Boston Area residence, its homeowners’ association (HOA) may have been a primary deciding factor. HOAs help residents access amenities, maintain property values, and divide financial responsibility for common areas.
Continue ReadingWhat is a Commercial Property Management Company?
Commercial real estate property management companies can represent valuable business partners for your investment portfolio. These professionals handle the operations of income-generating nonresidential properties, such as retail storefronts, warehouses, and office buildings.
Continue ReadingCan You Buy a Condo and Rent It Out?
The simple answer is “yes,” but there are vital things you should know when learning how to rent out a condo. It helps to understand what a homeowners association (HOA) is and the potential challenges that may arise due to various fee changes. It is also essential to learn about the insurance coverages available to property owners or managers, the role of leases and rental applications, the benefits of financial tracking, and how to handle issues such as eviction.
Continue ReadingHow Are Condominium Trustees Appointed?
Generally, condominium trustees are appointed by condominium unit owners who have the right to nominate and elect these trustees. Condominium trustees — also referred to as condo board members — are individuals or members of a board who have control over the administration of a property in trust. These individuals are legally obligated to administer the property for only the specified purpose. If the unit owners elect trustees who do not protect the trust and interest of the condominium association, there is usually a process to remove bad trustees.
Continue ReadingHow Should a Condominium Association Deal With Noise Complaints?
Noise complaints can be a tough issue to tackle for a condominium association and individual unit owners. Residents should be aware of their condo association’s noise rules and consider what constitutes a reasonable noise complaint. Condo associations can best address noise complaints by ensuring that their noise rules and regulations are clear, practical, and enforceable.
Continue ReadingLegal Differences Between Condos and Apartments
Are you considering moving into a new building, but you are unsure which property type will be best for you and your needs? Before signing a lease or mortgage or loan note, you should understand both condos and apartments as well as how the two vary from one another.
Continue ReadingPet Policies and Laws for Condo Owners
In recent years, the condo community has been impacted by the rising popularity and acceptance of pet-friendly culture in modern-day America. Roughly 45.5% of American households have a dog, and 32.1% own a cat. These statistics are expected to grow with the rise of pet-friendly workplaces, restaurants, travel options, and housing.
Continue ReadingWater Damage in Condos: A Full Guide
From unfixed plumbing issues on a floor above you to an often unattended unit beside you, various situations could lead to significant water damage in your condominium in Massachusetts. If you’ve recently suffered water-related damages in your condo, you may wonder whether you will need to pay for repair expenses or other associated fees.
Continue ReadingGuide to Construction Law for Condominiums
Condominiums are buildings or compounds containing multiple separate housing units. Some people choose to rent condos as vacation properties, while others prefer to buy a condo as their regular home.
Continue ReadingYour Guide to Subdividing Land
If you are a Massachusetts landowner or real estate investor, you may want to learn more about subdividable land before you invest. Subdividing land for family or real estate purposes means a larger parcel of land is split, and separate legal titles are established for every new smaller section of land.
Continue ReadingWhat Are Your Legal Rights in a Foreclosure?
If you are struggling to pay your mortgage every month, you may be facing foreclosure and the risk of losing your home. Foreclosure can be a rigorous legal process, and you have legal rights based on your mortgage documents and the laws in your state. When you know your legal rights under foreclosure law, you can better navigate the foreclosure process or avoid it altogether if your lender is in violation of any foreclosure requirements.
Continue ReadingTips for Resolving Condo Disputes
Some of the condo law cases our clients have been involved in include matters like the preparation of condo master deeds and Massachusetts homeowners association disputes. The following are some tips to help navigate a condo dispute and reach a suitable resolution.
Continue ReadingWhat to Do If Your HOA Is Not Enforcing Rules?
What can you do if your HOA rules are not enforced or are being ignored? Maybe the elevator to your condo has not been fixed for a month or the landscaping is dead or overgrown. Maybe you are trying to do construction work but the homeowners association is refusing to approve your construction project. You know your HOA is responsible, but what HOA legal action can you take? Can an HOA be sued? At Calabrese Law Associates, we can help you with your homeowners association law dispute.
Continue ReadingHow a Homeowners Association Retains Legal Counsel
Why might a homeowners association (HOA) need legal counsel? While running a homeowners association can offer many benefits to a community, it can also present some difficulties and risks for the association’s board. Not everyone will agree with the rules an HOA imposes, which means HOA boards may want to seek and retain legal counsel.
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