MARCUS, ERRICO, EMMER & BROOKS, P.C.
Representing Over 3,000 Condominium Associations...One Association at a Time  



Massachusetts - New Hampshire - Rhode Island
  

Condominium-Apartment Insider

February 2010
Issue 9

 

HUNDREDS CRAM SHERATON BRAINTREE HOTEL TO ATTEND MEEB'S FHA SEMINAR  

On January 14, 2010, over 150 property managers, trustees, developers, attorneys and even one chef crammed into the Sheraton Braintree Hotel to listen to MEEB's own Stephen Marcus and Mortgage Master's Patty Raymo discuss recent changes to Fannie Mae and FHA requirements for condominium financing.  The seminar, which lasted well over two hours addressed important issues such as the elimination of the popular spot approval process and the implementation of a new direct endorsement lender review and approval process.   

 

 

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MEEB WINS DIRT ROAD EASEMENT CASE
 

MEEB Attorney Edmund A. Allcock recently scored a resounding victory in the Appeals Court in the case of Post v. McHugh.  At issue in the case was whether Richard and Virginia Angelo had the right to: (1) use a dirt road private way and a paper street abutting its property in an uncompleted subdivision, (2) to expand the dirt road to its full forty foot width, and (3) to improve and pave the road and clear limbs and trees to which the neighbors staked an ownership claim.  Unfortunately for the Angelos, they purchased their house in 2006 unaware of the existence of litigation that had been pending in the Land Court for nearly ten years relative to the use and ownership of a dirt access road, which was the only means of access to their home. 

 

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ARBITRATION DECISION APPLIES COMMON SENSE, CONDOMINIUM ACT AND FUNDAMENTAL FAIRNESS TO DISTRIBUTION OF INSURANCE PROCEEDS 

 


 
 
In an unreported arbitration decision, former Land Court Judge Leon Lombardi decided that where a condominium has decided not to rebuild following a total loss, that insurance proceeds should be distributed to unit owners according to their percentage interests without taking into account or first using the proceeds to payoff existing mortgages on the units. MEEB's Stephen Marcus was initially involved in the case as a member of the arbitration panel, but the parties decided that Judge Lombardi was more than capable to make the decision on his own. 
 

 

Condominium Smoking War Heats Up In Massachusetts

I am sure that many of you saw the article on the front page of the February 9, 2010 Boston Globe, detailing the status of the South End unit owner's lawsuit against the smoker that lived beneath her, the Broker that sold her the unit, and the Condominium Board that she believed failed to do anything to stop the smoke (and nicotine smell) from entering her unit and allegedly aggravating her asthma.  According to Court records and the Globe Article, most of the parties settled the case, not because they agreed that they were legally responsible for her claims, but because it was cheaper to pay her money than to defend the case.   

More Details>>                                             

 Marcus, Errico, Emmer & Brooks, P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts  02184
781·843·5000 /
www.meeb.com

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