Samuel “Sandy” B. Moskowitz

phone: 617-589-3805 / fax: 617-523-6215
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PRACTICE & FOCUS AREA
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Sandy is a real estate attorney focusing on condominium law, title issues, real estate litigation and development. He routinely represents condominium associations throughout Massachusetts, and over his almost 40-year legal career, has been recognized for his expertise in both residential and commercial condominium development, operation and financing. Sandy wrote the book — or at least part of it — on this area of practice. He serves as editor and a contributing author of the Massachusetts Continuing Legal Education treatise on condominium law.

RESULTS
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  • Represents over 40 condominium associations of various size and composition, including luxury, mixed-use and complex multi-tiered condominiums throughout Greater Boston.
  • Legal Counsel to several luxury downtown Boston condominiums, as well as the primary condominium in a two-tiered, luxury high-rise, mixed-use 400-unit condominium, which he represented in a complex, derivative construction defect suit.
  • Won a seminal, precedent-setting Supreme Judicial Court case successfully defending the development of, and title to, a 40-unit, $20 million condominium in a dispute over whether it owned the land on which it was built.
  • Represents developers in creation of residential, commercial, and mixed-use condominiums, including preparation of creative and intricate condominium documents.
  • Successfully defeated a Land Court challenge to the allocation of percentage interests between a condominium’s affordable housing units and its market rate units.
  • Successfully defended a 400-unit condominium in Land Court against an abutter’s claim of an access easement that would have disruptively cut through the condominium.
  • Won Land Court action and prevailed in Appeals Court defending a condominium association’s right to control common area landscaping.
  • Handles title claims work for title insurance companies, resolving missing interests, faulty deeds, defective foreclosures, improper documentation, and boundary disputes.
  • Litigation of title, ownership, boundary, easement, and restrictive covenant disputes; adverse possession claims; challenges to condominium development schemes involving phasing, land withdrawal, and affordable housing issues; and condominium construction defect cases.
  • Title agent for national title insurance company.
REPORTED CASES
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  • Fazio v. Trustees of River House Condominium Trust, 81 Mass App. Ct. 1140 (2012) – Appeals Court decision affirming successful Land Court ruling that condominium trustees have right to control common area landscaping, including trees that would block unit owner’s view of the Charles River.
  • In re Riley, 459 Mass. 645 (2011) – Submitted amicus brief for Supreme Judicial Court decision ruling that a law firm must continue to represent a client after the firm’s lawyer handling the case left the practice of law and the client could not find another attorney to represent him.
  • Knott v. Racicot, 442 Mass. 314 (2004) – Supreme Judicial Court decision abolishing the ancient common law doctrine presuming validity of contracts signed “under seal.” Though decision was limited to option contracts, Court noted that logic of decision applies to other types of contracts as well.
  • Queler v. Skowron, 438 Mass. 304 (2002) – Supreme Judicial Court decision giving developers flexibility to use phasing and land withdrawal techniques in developing condominiums (overruling Levy v. Reardon, 43 Mass.App.Ct. 431 (1997), which limited those rights).
CREDENTIALS
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Distinctions:

  • Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating
  • Massachusetts Super Lawyers 2004-2005, 2007-2018

Admitted:

  • Massachusetts
  • Alabama
  • United States District Court for the District of Massachusetts
  • Supreme Judicial Court of Massachusetts

Member:

  • Boston Bar Association (Elected Member of Council, 2005-2008)
    • Member, Public Service Committee 2005-2012
    • Chairman, Real Estate Section, 1993-1995
    • Chairman, Condominium and Cooperative Committee, 1991-1993
    • Co-Chairman, Real Estate Pro Bono Committee, 1998-2008
    • Member, Real Estate Steering Committee, 1991-2010)
  • Real Estate Bar Association for Massachusetts
  • The Abstract Club (Appointed Member)
  • Community Associations Institute (Member, Attorneys’ Committee)
  • Omicron Delta Epsilon (international economics honor society)
  • Served on the Land Court Committee on Registered Land Guidelines assisting the Court in updating and expanding its “Guidelines on Registered Land”
  • Served as chair of the Boston Bar Association’s Real Estate Section and, for almost 20 years, as a member of the Section’s Steering Committee
  • Appointed member of The Abstract Club, 150-year old, invitation-only club limited to 100 lawyers who are considered leaders in Massachusetts real estate law
MORE THAN A LAWYER
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Sandy is deeply committed to community service and equal justice. He led the effort to create the Housing Court Lawyer for a Day program, for which he was awarded the Denis Maguire Pro Bono Award in 2010 and the Adams Pro Bono Publico Award by the Massachusetts Supreme Judicial Court in 2006. Sandy has also served as Chair of the Massachusetts Equal Justice Coalition, leading its annual Walk to the Hill lobbying campaign. He is a long-standing director of Greater Boston Legal Services and has served on the executive committee since 2011. When he isn’t serving his clients or the community, Sandy enjoys music, traveling, biking and reading about history.

News & Insights
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Developer-Friendly Anti-Litigation Clauses Struck a Blow, quoted in Massachusetts Lawyers Weekly

Condo Developers, Owners Closely Watching SJC Case, quoted in Massachusetts Lawyers Weekly

Look for Good HOA Neighbors to Share Ideas, Costs, quoted in HOALeader.com article

Litigating Real Estate Disputes, panel member at MCLE seminar

Public Interest in the Private Sector: A Pro Bono Panel, panelist at Boston University Law School event

Hot Issues in Condominium Development, panel chair at REBA spring meeting

Life After Bishops Forest, panel co-chair at Massachusetts Conveyancers Association Spring Seminar

Awards
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