2007 Nov
2007 November Vol. 5 No. 11
Focus on...Condos & the Law
Selling Maintenance
Technology has a way of leading us to believe that we should be thinking more about the process than the end result. A team of engineers needed to measure the height of a flagpole. They only had a tape, and were getting frustrated trying to keep the tape alongside the flagpole. It kept flopping down. Read More
Drawing the Line
Are homeowner associations governmental or quasi-governmental entities? Until last year, most attorneys who practice community association law would have said the answer was clearly, and appropriately, no. But a New Jersey appeals court called that long-standing assumption into question when it decided that a community association, in fact, plays the role of a municipal government, and its rules and regulations must, therefore, pass constitutional muster. Read More
Of Castles and Kings
Many who purchase homes in a condominium are unaware that the term "king of the castle" or the concept of freedom to do whatever they wish in their own home does not apply to condominium living. Unlike the owner of a single family home (in the back woods with no neighbors), unit owners are often subject to restrictions as to how they can use their units. Those restrictions are enforceable through fines, litigation, and other penalties. Read More
A Thin Line
The lowly clothesline is making a comeback. Spurred by growing concerns over global warming and the recognition that mechanical clothes dryers can consume a whopping 10 percent of household energy, concerned citizens are hanging out their clothes in increasing numbers. Read More
Open for Business
Commercial condominiums (that is, condominiums made up of non-residential units such as retail and offices) are an interesting subspecies of condominiums. Most people envision residences when they think of the condo concept but the idea of exclusive ownership of one's own space and shared ownership of common areas — in short, a condominium — can apply to business settings as well. Although they are still relatively few in number, there are many good reasons why the business condominium should become more prevalent in the future. In the 1980s real estate boom, there were a noticeable number of these developments created, particularly in suburban areas. So, they may receive renewed interest, particularly as the commercial rental market heats up again (as I write this, rents for new downtown Boston space are hovering around $75.00 per square foot). Read More
A Slew of Suits
Where's my concierge?" "What's that dog doing here?" "Why hasn't that valet shown up with my car yet?...it's been almost 10 minutes." Developers who built some of the region's most expensive condominium properties in recent years are starting to get some feisty feedback from their well-heeled buyers—a discriminating bunch who are not afraid to complain, or litigate, over what they see as unmet promises or shortcuts in construction.If you're living in a three-decker, this may all sound like whining. However, as Attorney Richard Brooks of the law firm Marcus, Errico, Emmer & Brooks, P.C. in Braintree, Massachusetts, points out, "It's what they really care about... It's their home, and it's important to them." Read More
Whose Favorite Color is Rainbow?
My daughter Susan is taking a college course in Education, which requires her to volunteer an hour a day at an educational institution. She was lucky to get a volunteer slot at her college daycare center. She was telling me how cute the 4-5-year-olds are, and she shared little stories from their interactions. Read More
