MEEB NOW OFFERING FREE SEMINARS TO PROPERTY MANAGERS

MEEB is now offering (free of charge) mini seminars and question and answer workshops for Property Managers throughout New England.   Our attorneys will bring their knowledge and expertise to your office 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.

 

JOIN MEEB’S STEPHEN MARCUS AT MCLE CONDOMINIUM UPDATE 2012 ON WEDNESDAY, FEBRUARY 12, 2012 FROM 1:00 PM – 5:00 PM AT THE MCLE CONFERENCE CENTER, 10 WINTERPLACE, BOSTON, MA OR VIA LIVE WEBCAST

APPEALS COURT RULES THAT MECHANICS LIENS DO NOT ATTACH TO COMMON AREAS

On December 20, 2011, the Appeals Court ruled in an unpublished decision brought by a contractor against a condominium trust that mechanics liens imposed by contractors are inapplicable in the condominium context and cannot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).

The condominium trust moved to dismiss the lawsuit and dissolve the mechanics lien on the grounds that: (1) Section 13 of the Massachusetts Condominium Act prohibits the attachment of common areas to secure claims against a condominium board, and (2) the condominium trust was the party to the contract and does not own the common areas, but manages them for the benefit of the unit owners by statute. The condominium trust also moved to dismiss the unjust enrichment claim against the contractor on the theory that the subcontractor had written contracts with the now bankrupt contractor not the condominium trust and therefore it was not reasonable for them to expect payment from the condominium trust.

In affirming the Appeals Court held Section 13 OF THE Massachusetts Condominium Act controls and prohibits the use of mechanics lien to attach to common areas.  The Court also held that the contractor could not recover in quantum meruit against the Condominium due to the existence of a contract with the bankrupt general contractor.

The case was handled by MEEB Attorneys Edmund A. Allcock and Katherine Brady.  For any questions regarding this article please contact Ed Allcock at eallcock@meeb.com or at 781-843-5000 (ext. 150). Click here for a copy of the Decision.

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>>