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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 | 2 years 50 weeks ago by danfahey |
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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 | 2 years 50 weeks ago by Anonymous |
2 years 50 weeks ago by The Editor |
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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 | 2 years 49 weeks ago by Gmijohn |
2 years 49 weeks ago by The Editor |
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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 | 2 years 49 weeks ago by kwinslow |
2 years 49 weeks ago by admin |
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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 | 2 years 49 weeks ago by danfahey |
2 years 49 weeks ago by admin |
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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 | 2 years 49 weeks ago by onespeed63 |
2 years 48 weeks ago by The Editor |
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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 | 2 years 51 weeks ago by ptwob103 |
2 years 48 weeks ago by Howard |
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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 | 2 years 48 weeks ago by mrstryke |
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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 | 2 years 48 weeks ago by GBentley |
2 years 48 weeks ago by The Editor |
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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 | 2 years 48 weeks ago by Anonymous |
2 years 48 weeks ago by The Editor |
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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 | 2 years 47 weeks ago by ginad |
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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 | 2 years 47 weeks ago by kabslp |
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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 | 2 years 47 weeks ago by votewithyourfeet |
2 years 46 weeks ago by smarcus |
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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 | 2 years 46 weeks ago by visitorjune |
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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 | 2 years 45 weeks ago by gibba1234 |
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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 | 2 years 44 weeks ago by Anonymous |
2 years 44 weeks ago by The Editor |
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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 | 2 years 43 weeks ago by keara507 |
2 years 43 weeks ago by The Editor |
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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 | 2 years 47 weeks ago by Anonymous |
2 years 43 weeks ago by BostonSolarInstaller |
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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 | 2 years 43 weeks ago by GlenG |
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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 | 2 years 43 weeks ago by BruceBleg |
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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 | 2 years 42 weeks ago by WaterBearer |
2 years 42 weeks ago by The Editor |
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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 | 2 years 41 weeks ago by Anonymous |
2 years 41 weeks ago by The Editor |
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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 | 2 years 40 weeks ago by cfrie |
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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 | 2 years 40 weeks ago by kelleyhagen |
2 years 40 weeks ago by kelleyhagen |
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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 | 2 years 40 weeks ago by bd |
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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 | 2 years 40 weeks ago by Melissa |
2 years 39 weeks ago by The Editor |
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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 | 2 years 39 weeks ago by nightlifemp |
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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 | 2 years 38 weeks ago by Swimming |
2 years 38 weeks ago by Kevin Gaughen Sr. |
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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 | 2 years 38 weeks ago by Anonymous |
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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 | 2 years 37 weeks ago by pongmaster21 |
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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 | 2 years 37 weeks ago by Anonymous |
2 years 37 weeks ago by scorpio11679 |
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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 | 2 years 37 weeks ago by Anonymous |
2 years 37 weeks ago by The Editor |
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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 | 2 years 35 weeks ago by Cheryl Hitchings |
2 years 35 weeks ago by The Editor |
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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 | 2 years 42 weeks ago by flyers559 |
2 years 35 weeks ago by bankruptcyattorney |
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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 | 2 years 35 weeks ago by Anonymous |
2 years 35 weeks ago by admin |
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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 | 2 years 34 weeks ago by rrichm999 |
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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 | 2 years 34 weeks ago by Hillbury |
2 years 34 weeks ago by The Editor |
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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 | 2 years 34 weeks ago by rrichm999 |
2 years 34 weeks ago by rrichm999 |
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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 | 2 years 33 weeks ago by Anonymous |
2 years 33 weeks ago by The Editor |
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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 | 2 years 32 weeks ago by Wallter |
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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 | 2 years 32 weeks ago by Anonymous |
2 years 31 weeks ago by The Editor |
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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 | 2 years 31 weeks ago by Sheap |
2 years 31 weeks ago by admin |
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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 | 2 years 30 weeks ago by Green |
2 years 30 weeks ago by The Editor |
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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 | 2 years 30 weeks ago by psinghal0 |
2 years 30 weeks ago by The Editor |
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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 | 2 years 29 weeks ago by jcrandle51 |
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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 | 2 years 29 weeks ago by bobrien |
2 years 29 weeks ago by The Editor |
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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 | 2 years 28 weeks ago by Anonymous |
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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 | 2 years 27 weeks ago by micheN |
2 years 27 weeks ago by The Editor |
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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 | 2 years 26 weeks ago by karimos |
2 years 26 weeks ago by The Editor |
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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 | 2 years 25 weeks ago by Shans |
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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 | 2 years 25 weeks ago by puzzledlandlord |
2 years 25 weeks ago by The Editor |
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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 | 2 years 25 weeks ago by frankwin_47906 |
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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 | 2 years 24 weeks ago by Anonymous |
2 years 24 weeks ago by Karen Cascone |
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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 | 2 years 23 weeks ago by The Editor |
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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 | 2 years 22 weeks ago by or2nh4me |
2 years 22 weeks ago by or2nh4me |
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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 | 2 years 22 weeks ago by BerkleyResident |
2 years 21 weeks ago by The Editor |
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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 | 2 years 21 weeks ago by drez |
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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 | 2 years 20 weeks ago by Milton7 |
2 years 20 weeks ago by The Editor |
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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 | 2 years 19 weeks ago by Anonymous |
2 years 19 weeks ago by The Editor |
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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 | 2 years 18 weeks ago by laxmark |
2 years 18 weeks ago by The Editor |
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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 | 2 years 17 weeks ago by Anonymous |
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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 | 2 years 17 weeks ago by Anonymous |
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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 | 4 years 3 weeks ago by joejoe |
2 years 17 weeks ago by admin |
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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 | 2 years 16 weeks ago by Anonymous |
2 years 16 weeks ago by The Editor |
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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 | 2 years 16 weeks ago by Anonymous |
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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 | 2 years 16 weeks ago by Anonymous |
2 years 16 weeks ago by The Editor |
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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 | 2 years 15 weeks ago by Apple 3.141 |
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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 | 2 years 14 weeks ago by drtina |
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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 | 2 years 14 weeks ago by Anonymous |
2 years 14 weeks ago by The Editor |
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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 | 2 years 14 weeks ago by akyriakakis |
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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 | 2 years 17 weeks ago by cottoncandie07 |
2 years 14 weeks ago by rmac01503 |
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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 | 3 years 8 weeks ago by Anonymous |
2 years 14 weeks ago by rmac01503 |
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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 | 2 years 13 weeks ago by Condomess |
2 years 13 weeks ago by Kevin Gaughen Sr. |
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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 | 3 years 32 weeks ago by WayneK |
2 years 13 weeks ago by The Editor |
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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 | 2 years 12 weeks ago by marcyellers |
2 years 12 weeks ago by The Editor |
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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 | 2 years 12 weeks ago by Anonymous |
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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 | 2 years 12 weeks ago by Zhengjia7165 |
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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 | 2 years 11 weeks ago by Anonymous |
2 years 11 weeks ago by The Editor |
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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 | 2 years 11 weeks ago by Anonymous |
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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 | 2 years 11 weeks ago by concerned76 |
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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 | 2 years 11 weeks ago by Anonymous |
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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 | 2 years 17 weeks ago by crzegocki |
2 years 10 weeks ago by The Editor |
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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 | 2 years 10 weeks ago by wisdom08 |
2 years 10 weeks ago by The Editor |
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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 | 2 years 10 weeks ago by Anonymous |
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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 | 2 years 10 weeks ago by maace |
2 years 10 weeks ago by The Editor |
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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 | 2 years 9 weeks ago by pjm6321 |
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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 | 2 years 9 weeks ago by JD |
2 years 9 weeks ago by JD |
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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 | 2 years 9 weeks ago by capeartist |
2 years 8 weeks ago by The Editor |
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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 | 2 years 8 weeks ago by themaddog |
2 years 8 weeks ago by The Editor |
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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 | 2 years 8 weeks ago by Wayne P. Rindone |
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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 | 2 years 7 weeks ago by Anonymous |
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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 | 2 years 8 weeks ago by mke039 |
2 years 7 weeks ago by mke039 |
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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 | 2 years 7 weeks ago by Anonymous |
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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 | 2 years 7 weeks ago by sue g |
2 years 7 weeks ago by admin |
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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 | 2 years 6 weeks ago by Hoagie |
2 years 6 weeks ago by The Editor |
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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 | 2 years 6 weeks ago by cjebbs |
2 years 6 weeks ago by The Editor |
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Neighbor tresspassing I have a fence which borders the property line of a neighbor. The ownership of the fence has recently come into question. I have lived at this propert... |
1 | 2 years 5 weeks ago by Anonymous |
2 years 5 weeks ago by The Editor |
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Title insurance and encroachments or adverse possession in MA My neighbor has had a shed that, apparently, has been sitting on my land for many years. He claims that the shed has been there since before he owned... |
1 | 2 years 4 weeks ago by Edge |
2 years 4 weeks ago by The Editor |
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Encroachment and adverse possession in MA Neighbor has an above ground pool. About 12 years ago they built a wooden deck onto pool. About 10 years ago we had our land surveyed and deck encroac... |
1 | 2 years 3 weeks ago by Liz |
2 years 3 weeks ago by admin |
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Closing fees for attorneys in MA We just closed on our new house in Massachusetts. We are happy with how things went but were wondering about an increase in the closing attorney's fe... |
1 | 2 years 2 weeks ago by Anonymous |
2 years 2 weeks ago by The Editor |
For additional information about this area of Massachusetts law
try our Quick Information Library or search The Forum for MA Law (top, right corner of page).
