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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
Can a Condo Association legally collect fines?
I know that a Condo association is allowed to levy fines however, there does not seem to be any course for the association to collect said fines. For...
1 3 years 42 weeks ago
by cjebbs
3 years 42 weeks ago
by The Editor
Declaration of homestead for multifamily home or condo?
I own a three family home in Massachusetts and I want to record a declaration of homestead. I live in one of the units and rent out the other two. C...
1 3 years 42 weeks ago
by Hoagie
3 years 42 weeks ago
by The Editor
Trees bordering property
My neighbors have 5 very tall pine trees that border my property. They are taking over our yard, house and vehicles. They are ruining my garage roof...
1 3 years 43 weeks ago
by sue g
3 years 43 weeks ago
by admin
Can a home owners association legally shut the water off to one of it's members for non payment of its dues for a shared well
One member owes back fees of over a thousand dollars for their part of a shared well ,can the water use be legally shut off to them for non payment by...
0 3 years 43 weeks ago
by Anonymous
n/a
Homeowner Association Fines.....are they legal?
My HOA is fining residents, but there is no statutory authority to do so. Condos are authorized to levy reasonable fines, but HOAs are not subject to ...
2 3 years 44 weeks ago
by mke039
3 years 44 weeks ago
by mke039
statutory exemptions
My mother currently owes back property tax for a few years and just found out that she can apply for a statutory exemption. My question is does the s...
0 3 years 44 weeks ago
by Anonymous
n/a
Condo Association Submission Address
We recently changed managing directors in our condo association and I need the address to mail the change to in Massachusetts.
0 3 years 44 weeks ago
by Wayne P. Rindone
n/a
Must home seller accept full price offer in MA?
Hello, I am trying to sell my condo. My neighbor upstairs has a similar property but is doing a short sale through the bank, selling the unit for $146...
1 3 years 44 weeks ago
by themaddog
3 years 44 weeks ago
by The Editor
transfer of estate property
I was named as executor of my father's estate, and later my brother was added. Do I need to have his signature as co executor to transfer or sell real...
1 3 years 45 weeks ago
by Anonymous
3 years 45 weeks ago
by The Editor
Property Damaged by Fire on Neighbors Property
My property experienced damage due to a fire at my neighbors property. How do I recover the difference between what my Insurance is willing to pay aft...
2 3 years 45 weeks ago
by JD
3 years 45 weeks ago
by JD
Joint tenancy and one takes mortgage
My client and her father were deeded a home as joint tenants. A few years later, the father took a mortgage on the property. Under title theory this...
0 3 years 46 weeks ago
by pjm6321
n/a
Neighbor not maintaining his land
I own a house on a plot of land next to a vacant plot of land. The vacant plot of land is declared "unbuildable" by the town assessor(Wakefield). I ...
1 3 years 46 weeks ago
by maace
3 years 46 weeks ago
by The Editor
Tax Foreclosure Sale
When a city forecloses on a property for past due taxes and places it up for auction, does any right to first refusal still hold? At that point when...
0 3 years 46 weeks ago
by Anonymous
n/a
Bat removal from attic-who is responsible?
I purchased a home on December 1, 2010. On December 10, 2010, I found a bat in the house. I Called my realtor and she contacted the former owners who ...
1 3 years 47 weeks ago
by wisdom08
3 years 47 weeks ago
by The Editor
Ownership of right of way under MA law
I have a right of way problem. I own the 20 foot wide right of way that gives access to my neighbors property. I take care of the right of way(cut the...
3 4 years 1 week ago
by crzegocki
3 years 47 weeks ago
by The Editor
Roof Damage caused by Fire at Neighbors Home
My neighbors home was destroyed by a fire. My home experienced damage to my roof and exterior siding. My home owners insurance is prorating my roof re...
0 3 years 47 weeks ago
by Anonymous
n/a
Right of Way and Who Can Access It?
I have a right of way on a portion of my property for my neighbor to access his garage and a small parking area. The neighbor does not have a separate...
0 3 years 47 weeks ago
by concerned76
n/a
Condo Right to First Refusal
I asked this question before but didn't get any answers so I figured I try again. I live in a 2 unit condominium complex where the owners of the ot...
0 3 years 47 weeks ago
by Anonymous
n/a
Snow Falling From Adjacent House Onto My Driveway
I have been living in my house since 1994. Shortly after every snowfall the snow that has accumulated on the neighboring house's roof slides off and ...
1 3 years 48 weeks ago
by Anonymous
3 years 47 weeks ago
by The Editor
unit interest percentage
I live in a condo with very unbalanced interest percentage resulting the monthly condo fee between $100 and $800. We also have a few affordable units ...
0 3 years 48 weeks ago
by Zhengjia7165
n/a
Joint Tenancy Division of Profits
I have a question about the division of profits from the sales of a property owned by 2 joint tenants. Ten years ago, my father put me on the titl...
0 3 years 48 weeks ago
by Anonymous
n/a
Defective structure caused by previous renovation with no building permit
My husband and I purchased our first home about 26 months ago, a split-level which was built in 1960. The previous owners had vaulted the ceiling in t...
1 3 years 48 weeks ago
by marcyellers
3 years 48 weeks ago
by The Editor
Mortgage Discharge
Still trying to find out if a mortgage is set at a 5 year term and was paid but no release was filed. Is there a point in time that the mortgage expir...
3 5 years 16 weeks ago
by WayneK
3 years 49 weeks ago
by The Editor
Collecting delinquent Condominium fees in Massachusetts
I live in a condominium development with 20 units in Massachusetts. We have a condo board but as far as I know we don't have an attorney that we work...
1 3 years 49 weeks ago
by Condomess
3 years 49 weeks ago
by Kevin Gaughen Sr.
Property removal from 40B LIP ?
What is the procedure for the removal of 40B Local Initiative Program restrictions from a deed? I'm interested in making an offer to buy a property t...
1 4 years 44 weeks ago
by Anonymous
3 years 50 weeks ago
by rmac01503
Condo unit damage from common area pipe leak
Hello, I'm an owner of a condominium unit. There has been a damage to the wall of my unit from a common area pipe leak. The condo association says w...
1 4 years 1 week ago
by cottoncandie07
3 years 50 weeks ago
by rmac01503
Can Unpaid Credit Card Debt of 8-12K Cause Lien on Home w/ 3 Owners? Can we take Delinquent Owner Off Deed?
Can Unpaid Credit Card Debt Cause Lien on a home that has 3 owners? My situation is this, my day step mom and I own a home in Mass and my father is ...
0 3 years 50 weeks ago
by akyriakakis
n/a
Punch List Items Not Completed 1 year after closing
Hi, we had to close with a punch list and with-held funds. One year later, most of the items on the list - many of which are things from our purchase...
1 3 years 51 weeks ago
by Anonymous
3 years 50 weeks ago
by The Editor
Problems after closing
A week after closing my mortgage broker call saying his commission was short $2700 and I need to pay it. Do I have to? To follow up more, I asked my a...
0 3 years 51 weeks ago
by drtina
n/a
Passing off a new Association
We bought a unit in a new construction of 4 units. Three units have been sold and occupied for at least a year, including ours. All this time the or...
0 3 years 51 weeks ago
by Apple 3.141
n/a
Are MA condo associations required to have a separate Reserve Account?
I am part of a 3-unit condo association in Boston. I would like to know if condo associations are required by law to have a "reserve account" that is ...
1 4 years 2 days ago
by Anonymous
4 years 1 day ago
by The Editor
Condominium Documents
Is there a state managed web site that lists condominium associations and also has online content related to an association's condominium documents an...
0 4 years 3 days ago
by Anonymous
n/a
Attorney review of MA Purchase and Sale Agreement.
I paid my attorney a couple hundred bucks to look at my Purchase and Sale Agreement for a house we're buying before signing it and now I'm wondering w...
1 4 years 3 days ago
by Anonymous
4 years 3 days ago
by The Editor
right-of-way
We have a 40 foot right of way, that is part of our property. We are now having alot of problems with the neighbor who lives off of the right of way....
3 5 years 39 weeks ago
by joejoe
4 years 1 week ago
by admin
Responsibility for removal of fallen tree limb.
I live in Boston. During the last storm (1/12/2011) a large limb from a tree on my neighbor's property fell into my yard. Though it caused no damage, ...
0 4 years 2 weeks ago
by Anonymous
n/a
COnservator and Guardian necessity for real estate sales license?
I am the conservator and guardian of my aunt and her estate. Do I need a license to sell her home? The state is requiring it. Also, where can I fi...
0 4 years 2 weeks ago
by Anonymous
n/a
Using condominium common areas as storage
We have a 6 unit condo association. One member has built a floor to ceiling bookcase in a common hallway. 4 out of the 6 units have agreed to sign a l...
3 4 years 2 weeks ago
by laxmark
4 years 2 weeks ago
by The Editor
Destruction of Condominium by erosion
I own a condominium on Cape Cod. My unit is about 80 feet leeward of the coastal bank (its a 50 foot drop from the top to the bottom!). In the past 3 ...
1 4 years 3 weeks ago
by Anonymous
4 years 3 weeks ago
by The Editor
Automatic homestead protection in MA?
I've been told that I don't need to worry about filing a declaration of homestead because the new homestead law has an automatic provision so I'm cove...
1 4 years 4 weeks ago
by Milton7
4 years 4 weeks ago
by The Editor
New Rules and Regulations ?
I received notice from the trustees of a new move in / move out policy which charges for every move in and every move out. The problem is that I thin...
0 4 years 5 weeks ago
by drez
n/a
Can A Frozen Puddle From Neighbors Sump Pump Be A Private Nuisance?
I have a neighbor who is allowing his sump pump to drain into the street even though the temps stay below freezing all day now. The water drains down...
3 4 years 6 weeks ago
by BerkleyResident
4 years 6 weeks ago
by The Editor
Are quitclaim deeds the ONLY type used in Massachusetts home sales?
Are quitclaim deeds the most commonly used type of deed in MA home sales between 2 strangers? I have a relative (who currently lives outside the cou...
2 4 years 6 weeks ago
by or2nh4me
4 years 6 weeks ago
by or2nh4me
Discrimination by condominium association against families with children
There was an interesting settlement recently between the United States Justice Department and the Stonecleave Village Association in Methuen, Massachu...
0 4 years 7 weeks ago
by The Editor
n/a
Ending exclusive listing with broker
I recently had a victimizing experience with a Realtor and had to take him to Superior Court Pro Se for an injunction to release my home from his MLS ...
2 4 years 9 weeks ago
by Anonymous
4 years 8 weeks ago
by Karen Cascone
Convoluted Purchase with post-purchase flaws found
We purchased a home over a year ago and to simplify the story, I've included a timeline - began negotiations in Nov/Dec of 2008, their realtor was ...
0 4 years 9 weeks ago
by frankwin_47906
n/a
Can I have a declaration of homestead on two properties in Massachusetts?
A friend bought a house and the attorney had him sign a Declaration of Homestead but my friend bought it as an investment property. He asked the lawye...
1 4 years 10 weeks ago
by puzzledlandlord
4 years 9 weeks ago
by The Editor
Condo Improvements Require Vote, but What If Paid For By Only Those Who Want It?
Per our condo Declaration of Trust (and Mass. General Law), “improvements” to our condo require a 75% vote of unit owners for the expense to be pa...
0 4 years 10 weeks ago
by Shans
n/a
short sale or deed in lieu?
my lender sent me a letter with only two option: short sale or deed in lieu? i'm confused I don't know exactly what they mean. the funny part i wasn'...
1 4 years 10 weeks ago
by karimos
4 years 10 weeks ago
by The Editor
Transfer house by deed without attorney
My wife and I would like to use a deed we found on a website to transfer partial ownership of our home to our daughter. We would like to do this so t...
1 4 years 11 weeks ago
by micheN
4 years 11 weeks ago
by The Editor
County records indexing?
I purchased a home 2 months ago (Middlesex county). After the closing I noticed that at the county real estate records website that several of the doc...
0 4 years 12 weeks ago
by Anonymous
n/a
Condominium Officer Elections--Voting Rules
Our Condomium Trust documents say "Trustees shall meet annually…[and] may elect the Chairman, Treasurer, Secretary and any other officers they deem ...
1 4 years 13 weeks ago
by bobrien
4 years 13 weeks ago
by The Editor
MassHealth Renewal
My mother is on Masshealth and living in long term nursing home care. She is up for renewal and Masshealth is looking for her share from the sale of h...
0 4 years 14 weeks ago
by jcrandle51
n/a
unit owner assessed unjustified common expenses
MA Condo Law - I am a unit owner and Board of Trustee are bunch of crooks with ripping off condo account. I voice my opposition and they do not like ...
1 4 years 14 weeks ago
by psinghal0
4 years 14 weeks ago
by The Editor
Squatters rights in Massachusetts?
There's a house in my neighborhood that has been abandoned for several years. I've never seen anyone there. There is no issue of problems with upkee...
1 4 years 14 weeks ago
by Green
4 years 14 weeks ago
by The Editor
Is owner's contractor responsible for damage to my condominium unit?
My neighbor upstairs had a contractor do some sub par renovations a few months ago and they drilled a pipe. 3 months later it caused water damage to m...
1 4 years 15 weeks ago
by Sheap
4 years 15 weeks ago
by admin
Common Area Repairs
I own a townhouse in MA. It is a complex of about 200 units with many children residents. I received a letter in the mail from the Condo Board stating...
1 4 years 16 weeks ago
by Anonymous
4 years 16 weeks ago
by The Editor
Shared Exterior Wall Responsibilty
What MA laws pertain to the repair/maintenance of a shared exterior masonry roof wall between two homes? I'm trying to find out who should be respo...
0 4 years 16 weeks ago
by Wallter
n/a
Can I remove survey stakes in Massachusetts?
A neighbor behind us is having a dispute about where the lot line is. He says part of our shed is on his land and he wants us to move it. He says he...
1 4 years 17 weeks ago
by Anonymous
4 years 17 weeks ago
by The Editor
Condominium association right to enter unit
Does a Property Manager have the right to enter a unit owners property to check on leaks without the unit owners consent? I'm being asked to monitor a...
2 4 years 18 weeks ago
by rrichm999
4 years 18 weeks ago
by rrichm999
Does petition to partition force other owner to sell?
I own a house with two siblings and I want to sell. They want to live there and tell me I'm being unfair to make them sell. But if I do a petition t...
1 4 years 18 weeks ago
by Hillbury
4 years 18 weeks ago
by The Editor
Annual Trustee Recordings - no change in trustees year to year..
I have a quick ( hopefully ) question. I’ve looked around the Mass Gov site and can’t find anything specific. I have several condo association...
0 4 years 18 weeks ago
by rrichm999
n/a
Condo - Notice of inspection?
My sister owns a condo that she uses four weeks a year. However, the maintenance man seems to interupt every vacation she has here with some kind of ...
3 4 years 19 weeks ago
by Anonymous
4 years 19 weeks ago
by admin
Likely Ethics Violations
We sold our condo in November of 2009. We had a new house lined up-offer was accepted (per our realtor) after a little negotiation, had the home insp...
5 4 years 26 weeks ago
by flyers559
4 years 20 weeks ago
by bankruptcyattorney
Condo: MGL183A S 18; Interpretation of improvement vs maintenance or repair in MA
9 unit condo assoc.in MA. has pool/deck area in great need of repair. Also issues with drains, deck, surrounding fencing not up to code. Some members ...
1 4 years 20 weeks ago
by Cheryl Hitchings
4 years 20 weeks ago
by The Editor
Can I cancel my Cape Code vacation rental and expect refund because of Hurricane warnings?
Hi - I rented a small cottage on the beach on Cape Cod and want to cancel because of the Hurricane warnings. I am very nervous as I have a toddler and...
1 4 years 21 weeks ago
by Anonymous
4 years 21 weeks ago
by The Editor
Offer to Purchase
We signed Short Sale document and Listing agreement with our realtor on July 8th. He did not submit them to the bank until August 23rd (3 days before...
2 4 years 22 weeks ago
by Anonymous
4 years 21 weeks ago
by scorpio11679
Capital gains tax
In 1996 I purchased a property from my parents and agreed to a life estate. At the time the property was worth $252,000. I purchased it for $160,000...
0 4 years 21 weeks ago
by pongmaster21
n/a
Late Apartment Rental Fees
Hey there. Not really sure where to post this but I was seeking some help on an issue. I live with a large group of guys and have rented an entire ...
0 4 years 22 weeks ago
by Anonymous
n/a
Neighbor's driveway on my land
I'm going to sell my home in the next year of so. I've known for three or four years now, since he put it in, that my neighbor's driveway is on my la...
1 4 years 22 weeks ago
by Swimming
4 years 22 weeks ago
by Kevin Gaughen Sr.
Can the Treasurer be held personally responsible?
Our condo association is made up of 32 units. Admittedly only 5 people attend the meetings regularly and those are the people on the board. Recently t...
0 4 years 24 weeks ago
by nightlifemp
n/a
Unmarried persons purchase property
If two unmarried persons buy property jointly, and both have their names on the deed, what happens to the property when one person dies. Both persons ...
1 4 years 24 weeks ago
by Melissa
4 years 24 weeks ago
by The Editor
Condo Association Repair Responsibilities
Event: Toilet leaks in Unit A and causes some water damage to Unit B and common area of building (condo association). There was NO negligence on the...
0 4 years 24 weeks ago
by bd
n/a
tenants at will
My family rents an in-law apartment with the actual owner/landlord living in the main house, we are tenants at will.Last month we were told to start l...
2 4 years 25 weeks ago
by kelleyhagen
4 years 24 weeks ago
by kelleyhagen
Condo - electrical/ac problem extends into common area/adjacent unit
I am a condo owner (garden style unit) and my central air stopped working almost 4 weeks ago. I have had an hvac repair tech and electrician look at ...
0 4 years 25 weeks ago
by cfrie
n/a
Can a spouse sue for half a home they do not own?
I purchased my home alone, mortgage, title, deed, downpayment are all in my name alone. My soon to be ex hired a lawyer that demands he be put on deed...
1 4 years 25 weeks ago
by Anonymous
4 years 25 weeks ago
by The Editor
Scope of Developers full responsibility?
A recent Building Envelope inspection of my condo development (completed as a result of the owners forcing the issue with the developer to look into t...
1 4 years 27 weeks ago
by WaterBearer
4 years 27 weeks ago
by The Editor
Foreclosure Title
Hello, I just bought a foreclosure property from public auction sale. The property has two mortgage on this. The lender foreclosing the property is...
0 4 years 27 weeks ago
by BruceBleg
n/a
Retaining Wall and Town use/abuse
I live in a small condo building, and we have a retaining wall behind our building. The wall runs past two other buildings as well. On the other sid...
0 4 years 27 weeks ago
by GlenG
n/a
MA Solar Access Laws
I am interested in opinions as to how to interpret the language in the MA Solar Access Law. Specifically in regards to the voiding of restrictive pro...
6 4 years 31 weeks ago
by Anonymous
4 years 27 weeks ago
by BostonSolarInstaller
Renter's rights in a flooded apartment
I rent an apartment in Brookline and last week we had some severe flooding that filled about 80% of our apartment with 6 inches of water. The water su...
1 4 years 28 weeks ago
by keara507
4 years 28 weeks ago
by The Editor
Can an exclusive easement of deck include the surrounding building walls?
My condo unit has the exclusive easement to a roof deck, which is framed by a low wall with railings on top. Now the association and I have different ...
1 4 years 29 weeks ago
by Anonymous
4 years 28 weeks ago
by The Editor
property lines - extend into lake?
I live on a lake, and my neighbor has anchored a floating raft that, if the wind blows my way, drifts over into water that abutts my property by about...
0 4 years 30 weeks ago
by gibba1234
n/a
property in trust - how to convey
Grantor of IR trust received parcel of land in return for transaction. Deed is into the trust. Beneficiary wishes to explore selling land to cease re ...
0 4 years 30 weeks ago
by visitorjune
n/a
183A Condominium Law
Does the state statute determine how condo fees are set for each unit, or is this done by the Master Deed? I had always thought condo dues were set b...
2 4 years 32 weeks ago
by votewithyourfeet
4 years 31 weeks ago
by smarcus
Condo assocation repair costs
I am a part of a 6 unit condo association. We are needing to do costly repairs to common areas. If we take out a loan on behalf of the condo associati...
0 4 years 31 weeks ago
by kabslp
n/a
Water and Sewer termination by township
The township is terminating my water service. I have not received prior notification they just posted notice to my door saying i had 12 days to pay i...
0 4 years 31 weeks ago
by ginad
n/a
Difficult Trustee
At a meeting held on 4/28/10 the majority of owners voted in two trustees. One of the trustees handles the books. An owner requested financials be s...
1 4 years 32 weeks ago
by Anonymous
4 years 32 weeks ago
by The Editor
Purchase and sale form for MA and contingency clauses
Thanks for your answer recently about putting contingency clauses in the Purchase and Sale. I think I know the answer to this (based on what you said...
1 4 years 32 weeks ago
by GBentley
4 years 32 weeks ago
by The Editor
Landlord leasing apartment out from under me
My 1 year lease is over on 8/15/2010. Last Wednesday, my landlord asked me if I wanted to stay. I told him I needed a week and he agreed. I called him...
0 4 years 32 weeks ago
by mrstryke
n/a
Should a condo association share in the cost to remove a roof deck to replace a roof?
We own the top floor of a three unit condo in an approximately 100 year old building which was renovated five years ago. I purchased the condo a litt...
2 4 years 35 weeks ago
by ptwob103
4 years 32 weeks ago
by Howard
Interpretation of Chapter 183A MGL, Section 18 : Improvements
We have a 3 unit condominimum trust. Its states in Chapter 183A, section of Massachusetts General Law that in order for the assessment to be covered b...
1 4 years 33 weeks ago
by onespeed63
4 years 33 weeks ago
by The Editor
Title Search Gone Awry...
What happens when a title search done in 2010 on one's home reveals a lien dating back to 1957 that was not discovered when the home was purchased in ...
5 4 years 33 weeks ago
by danfahey
4 years 33 weeks ago
by admin
Trees
My neighbor's trees are overhanging onto my property. One of them is knocking over part of our fence, and a dead one is in danger of falling on our h...
3 4 years 33 weeks ago
by kwinslow
4 years 33 weeks ago
by admin
Can a Seller rescind a verbal acceptance-- statute of frauds in MA?
Buyer accepted listing price and signed P&S agreement. Seller (on vacation and out of area) verbally accepted offer after refusing previous lower ...
1 4 years 33 weeks ago
by Gmijohn
4 years 33 weeks ago
by The Editor
Larceny in MA on shared property?
There are two separate units to our property that share a porch. Recently, a piece of furniture that was being stored on the porch caused an aesthetic...
1 4 years 34 weeks ago
by Anonymous
4 years 34 weeks ago
by The Editor
What determines "ordinary" vs "extraordinary" expenses with a condo assn?
A unit has a deck, and the condo docs say that unitowner is responsible for ordinary expenses associated with the deck but the association handles ext...
0 4 years 34 weeks ago
by danfahey
n/a
Refusing to allow phone wires
I own a condo on the third floor of a three story building. About a year ago Verizon Fios came in to feed the wires to the units for those of us that ...
0 4 years 35 weeks ago
by fdbolt
n/a
Mass General Law 266_120B: What if permission is granted but the landowner wants to delay the repair as it creates a hardship
If a landowner agrees that the abutter may come onto the property to repair a wall but feels that the schedule is a hardship and wants to them delay t...
0 4 years 35 weeks ago
by et-b
n/a
Title Insurance - Attorney relationship?
It was my understanding that for buyers title insurance, the buyer pays the premium fee, e.g. .375%/thousand and the insurance company then pays the c...
1 4 years 42 weeks ago
by Anonymous
4 years 37 weeks ago
by SigmanEsq
What are allowable damages for real estate misrepresentation under massachusetts law?
We had a signed purchase and sale for a house which had multiple items that were supposed to be completed by the seller and a few of which had a weath...
3 4 years 43 weeks ago
by mdshultz
4 years 37 weeks ago
by admin

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