Rudolph Friedmann attorneys Jonathon Friedmann and Eric Walz recently concluded a five-day jury waived trial in Suffolk Superior Court. The Judge issued a 27-page decision in our client’s favor. The plaintiffs sued our client claiming that the six-unit, four-story building it built pursuant to a building permit that had issued as a matter of right […]
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In Massachusetts when a buyer finds property to purchase, the first step in the process is to make an offer that the seller will accept. The buyer binds his offer with a small deposit until a more formal Purchase & Sale Agreement (“P&S”) is executed and additional deposit funds are delivered. The offer generally outlines […]
Since the gruesome May 5, 2017, double murder of two doctors in their penthouse South Boston condominium unit, multiple lawsuits have ensued. The murderer, now convicted of two charges of first-degree murder, lurked inside the 11th-floor hallway of the condominium and attacked one of the victims when she returned home. The murderer had worked in […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]
Jim Rudolph and Bob Shaer of Rudolph Friedmann LLP served as counsel to the sellers of a four-acre commercial Cambridge property to facilitate the $43.9 million real estate transaction that closed on September 30. The property, known as the Cambridge Distribution Center, is located at 67 Smith Place. It was a commercial condominium having 20 […]
In the recent matter of Bellalta v. Zoning Board of Appeals of Brookline 481 Mass. 272 (2019), the Massachusetts Supreme Judicial Court (the “SJC”) ruled that a variance was not required for a homeowner to add a dormer to their roof (only a special permit) despite the additional living space increasing a nonconforming Floor Area […]
Condo Unit Owner Not Responsible for Special Assessment Bobby Rudolph obtained a unanimous decision from the Massachusetts Court of Appeals affirming judgment in favor of RF’s client, a condominium owner, who was improperly assessed a portion of the cost to demolish and rebuild the condominium building’s parking garage. The parking garage, located behind the building, […]
