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MARCUS, ERRICO, EMMER & BROOKS, P.C.
Massachusetts - New Hampshire - Rhode Island
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Representing Over 3,500 Condominium Associations...One Association at a Time |
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Condominium-Apartment Insider
Revised Edition - January 2012
Issue No. 32 |
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FOR MORE CONDOMINIUM NEWS |
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For Questions or Comments or if you would like to add our newsletter to your website, please let us know at law@meeb.com. |
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START 2012 OFF RIGHT
MEEB NOW OFFERING FREE SEMINARS TO PROPERTY MANAGERS
Due to the overwhelming response we would like to clarify that MEEB is now offering (free of charge) in-house mini seminars and question and answer workshops throughout Massachusetts, New Hampshire and Rhode Island for property management companies with 5 or more participants. Property management companies with less than 5 participants will be invited to join a free collaborative seminar where all questions and concerns presented will be addressed at a location selected by MEEB. Our attorneys will bring their knowledge and expertise to answer questions and discuss any topic concerning common condominium issues. We will design each seminar to specifically address your interests and concerns. To sign up or for any further questions please click on the button below.
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JOIN MEEB'S STEPHEN MARCUS
AT MCLE CONDOMINIUM UPDATE 2012
ON WEDNESDAY, FEBRUARY 15, 2012
FROM 1:00 PM - 5:00 PM
AT THE MCLE CONFERENCE CENTER,
10 WINTERPLACE, BOSTON, MA
OR VIA LIVE WEBCAST
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APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS
On December 20, 2011, the Appeals Court ruled in a case brought by a contractor against a condominium trust that mechanics liens imposed by contractors are inapplicable in the condominium context and cannot be utilized to attach common areas and/or secure contractor claims for non-payment. The case involves a subcontractor who was not paid by a general contractor hired by the condominium trust to perform work at a condominium. The general contractor went bankrupt towards the end of the project and did not fully pay the subcontractor. With no chance of a recovery in bankruptcy, the subcontractor filed a statutory mechanics lien against the condominium building and then filed a lawsuit to enforce the lien against the condominium trust. The subcontractor also asserted a claim for unjust enrichment against the condominium trust (i.e. that the condominium trust should pay the subcontractor since the condominium trust received the benefit of the work performed on the building).
Read More>> |
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IT'S 2012 IS YOUR CONDOMINIUM PREPARED FOR THE END OF THE WORLD?
Many prognosticators believe that the world will come to an end in 2012, based on upon the Mayan calendar. There has been a movie about it, aptly named "2012."
Is YOUR Condominium prepared for the end of the world? The end of the world will no doubt be fraught with legal challenges for your Condominium. The end of the world is likely to create havoc with Condominium elections, meetings (especially quorum requirements), collections and enforcement of restrictive covenants. The ensuing chaos from the end of the world will likely result in expensive litigation, possibly with other worldly beings. Fortunately, certain of MEEB's more careful lawyers have drafted extensive amendments that would fit neatly in most condominium documents to protect your Condominium in the event that the world does in fact come to an end this year or even some other year. Actually, some of our lawyers have been drafting provisions that deal with the end of the world for years, but thanks to the Mayan calendar it looks like they may finally have some utility. In recognition of impending doom in 2012, MEEB is offering its end of the world restrictive covenant enforcement provision (a/k/a the Gloom and Boom resolution) free of charge. The Gloom and Boom resolution can be accessed at the following link. MEEB's more extensive end of the world resolutions, including the "extra terrestrial super lien resolution" will be released for distribution next month. Wishing you all a happy, fun and healthy 2012.
Click here for the provision>> |
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MARCUS, ERRICO, EMMER & BROOKS, P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
781-843-5000 /meeb.com
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