Picture This: A Click Can Make Your Case

How many words is a picture really worth?

By: Merle Haas, Esq.

Attorneys are wordsmiths, good at making logical, compelling arguments and backing them up with legal authority. But sometimes words don’t go quite far enough. I credit a recent success as well as another strong brief to the judicious use of photographs supplied by my clients. Both cases involved satellite dishes, improperly situated. I could have filled volumes describing the strictures of the Master Deed and the placement of the offending dishes.  But not only would I have lost my audience; even worse, I would never have approached the clarity and conciseness expressed in a simple photo of the scene. (more…)

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RI Supreme Court Win

ASSOCIATIONS NOW IN CONTROL OF DEVELOPMENT RIGHTS

By Frank A. Lombardi, Esq.

In 2003, I began arguing a major case before the trial justice of the Providence County Superior Court:  Alessi (plaintiff) vs. Bowen Court Condominium Association (defendant).  Nine years later, the case was heard on appeal, and on June 4, 2012, the Rhode Island Supreme Court affirmed the lower court’s judgment, granting a significant victory for my client, the Association:  No. 2010-436-Appeal (PC 03-235). This decision further clarifies the Rhode Island condominium law in regard to development rights.  Specifically, Section 34-36.1-2.10 (b) of the Condominium Act and the cases that interpreted that statute state that development rights that expire unexercised become the property of the unit owners’ association. The Court in the Bowen case extended the law to apply to lenders holding mortgages on undeveloped condominium property and persons who purchase such property from the lenders at foreclosure. (more…)

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Cape Cod Condo Forum & Expo: June 23, 2012

What: The Cape Cod Condo Forum & Expo sponsored by the New England Chapter of the Community Associations Institute (CAINE)

 Who:  GSL’s Henry A. Goodman, Ellen A. Shapiro, and Frank A. Lombardi will speak on two timely topics:

Who Gives the Orders: Board’s Interaction with Management
The board’s job is to shape policy; the manager’s job is to carry out the board’s directives. But too often, they get in each other’s way. Learn how to ensure a cooperative relationship.

How to Conduct Effective Meetings
Meetings are a necessary part of condominium life. But they don’t need to last an hour or more! Learn how to get the most out of your meetings and keep them on track. (more…)

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Protecting RI Associations From Transfer Fees

By Frank A. Lombardi, Esq.

In many states and also on the federal level, there is movement to prohibit unwarranted transfer fees related to real estate transactions. While these proposed bills have the good intention of preventing real estate developers from milking real estate deals, we believe that the unintended consequences of this pending legislation would be to possibly prohibit condominium associations from charging fees for Resale Certificates, “move in and move out” fees, and the typical two-month working capital deposit fees.  (more…)

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