Condominiums, Cooperatives, and Homeowners' Associations
For more than 30 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,
condominium associations, and individual unit owners in all aspects
of condominium development, operation, and management, including preparation,
interpretation, and amendment of condominium documents; the critical
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.
Our condominium attorneys are acknowledged experts in the intricacies of condominium law. Among our attorneys 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, Crocker's Notes on Common Forms, and Massachusetts Condominium Liens; attorneys who have litigated leading condominium cases in the Commonwealth; and speakers at numerous continuing legal education seminars. We have been actively involved in major cases in which condominium law precedent has been established. Recently, on behalf of the Real Estate Bar Association of Massachusetts and the Abstract Club, we participated in winning a landmark case in the U.S. Court of Appeals. In this case, the court upheld the use of phasing techniques by condominium developers. When it comes to condominiums, we know the lay of the land.
Representative Matters
- 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.
- 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.
- Serve as litigation counsel to a large, complex, mixed-use condominium property in Boston in litigation about construction defect claims brought against the developer and other parties.
- 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.