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CONDOMINIUM COMMON AREAS CANNOT BE MODIFIED AT SOLE BEHEST OF INDIVIDUAL UNIT OWNERS
Occasionally, Unit Owners seek to perform modifications and renovations within their Units. Often times, this proceeds without incident. Sometimes, however, the modifications implicate or impact the Condominium's common areas and facilities, and therefore in such instances, prior approval from the Condominium's governing body is required in advance of undertaking such modifications or renovations. Unit Owners may be frustrated by this requirement, especially in cases where the impacted common areas and facilities may not be accessible or visible to other Unit Owners, but it is important to remember that all Unit Owners hold an undivided interest in the common areas and facilities and such common areas and facilities may not be modified at the sole behest of one Unit Owner absent prior approval.
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TENANTS GET MORE PROTECTION IN MASSACHUSETTS
Just about a month ago, the Supreme Judicial Court interpreted the newly enacted MGL 186A, and rendered a decision in the case of Federal National Mortgage Association ("Fannie Mae") v. Nunez, in which the Court determined that any action by the foreclosing owner in furtherance of an eviction against a tenant was sufficient to trigger the Act. MGL 186A essentially prohibits certain owners from evicting a tenant unless there is just cause.
The bad news: MGL c.186A provides tenants with further protections from certain post foreclosure owners.
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SJC TO CONSIDER "PRODUCE THE NOTE" FORECLOSURE DEFENSE IN MERS MORTGAGE CASE
The Massachusetts Supreme Judicial Court has agreed to hear an appeal considering the controversial "produce the note" defense in foreclosure cases and whether a foreclosing lender must possess both the promissory note and the mortgage in order to foreclose. Based on arguments asserted by the lender, the court may also consider the circumstances by which a mortgage granted to Mortgage Electronic Registration System (MERS) can be effectively foreclosed in Massachusetts. Ultimately, the SJC will have to decide how old common law decided in the late 1800s now applies to mortgages in the 21st century with securitization, servicers and MERS. Unlike the U.S. Bank v. Ibanez case, the outcome of this one is much more difficult to predict.
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