Condominiums, Cooperatives, and Homeowners' Associations

For over 35 years, Davis Malm has served the unique needs of the condominium market in eastern Massachusetts. We have built a reputation for handling the diverse ways that condominiums are created and used, including residential, commercial, industrial, and mixed-use properties. We represent developers, lenders, title insurance companies, condominium associations, management companies, and individual unit owners in all aspects of condominium development, sales, operation, and management, including preparation, interpretation, and amendment of condominium documents; transition from developer to unit owner control; enforcement of condominium policies and bylaws; collection of condominium common expenses; negotiation of agreements with lenders, vendors, and suppliers; clarification of obligations of condominium boards; and environmental matters, employment issues, and other problems that confront condominium associations and property managers.

Our condominium attorneys are acknowledged experts in the intricacies of condominium law. Among them are active bar association leaders; attorneys who have drafted important provisions of the Commonwealth’s condominium statute, Massachusetts General Laws Chapter 183A; authors of major condominium law treatises, including Massachusetts Condominium Law and Massachusetts Condominium Liens; attorneys who have litigated leading condominium cases in the Commonwealth; speakers at numerous continuing legal education seminars; and shareholders who have been ranked as leading attorneys by Chambers USA. We have been actively involved in major cases in which condominium law precedent has been established.

Our team of experienced litigation attorneys has a successful record of representing unit owners, trustees, associations, property managers, and developers in a wide range of condominium law disputes. For both large and small condominiums, we have successfully handled cases involving claims of access easement, land ownership, rights to control common areas, and challenges to development schemes, including phasing, land withdrawal, and affordable housing issues. Our developer clients often face challenges and opposition in condominium projects of all sizes and complexities, including issues involving permitting, zoning, Chapter 91 licenses, environmental concerns, and land use. Our highly-skilled trial lawyers are well-regarded by local zoning boards, conservation commissions and throughout trial and appeals courts in the Commonwealth, and they bring the experience necessary to achieve positive results and keep projects on track.

We work closely with clients to reduce litigation risks and costs, and pursue favorable settlement opportunities whenever possible, being ever mindful of the importance of preserving their management, human, and financial resources.

Representative Matters

  • Won summary judgment and subsequent appeal in a precedent-setting Supreme Judicial Court case successfully defending the development of, and title to, a 40-unit condominium after an adjacent condominium claimed to own its land.
  • Represented a tenant-owned housing cooperative in Brookline, Massachusetts in its conversion to condominium ownership. The cooperative was created 40 years ago to house low- and moderate-income persons whose homes were taken by eminent domain. Read more.
  • Represent several leading condominium and property management companies, and numerous condominium associations.
  • Serve as litigation counsel to a large, two-tiered mixed-use, luxury condominium in Boston in litigation about construction defect claims brought against the developer and other parties.
  • Won Land Court summary judgment in defending allocation of percentage interests in condominium with restricted affordable housing and market-rate units.
  • Created condominium documents for a 329-unit phased project, Sierra + Tango Condominium, the first two buildings in the NorthPoint project that will eventually consist of 2,700 housing units; more than 2 million square feet of commercial and retail space; a hotel; and open space in Cambridge, Boston, and Somerville.
  • Represented the developer of a unique artist live-work condominium in New Bedford, Massachusetts, in creating a community in which only certified visual artists are permitted to purchase units.
  • Created condominium documents for an 88-unit project north of Boston comprised of detached homes, townhouse, and flats for homebuyers 55 years of age or older.
  • Participated in the preparation of a successful amicus curiae (friend of the court) brief requested by the Massachusetts Supreme Judicial Court, a landmark condominium case. Read more: Northwood Properties, LLC.