Unpaid Common Fees and Bankruptcy: Navigating the Conundrum of Financial Distress

 by Henry A. Goodman, Esq.

In 1993, the Massachusetts legislature, by act signed by the governor with an emergency preamble, granted condominiums a limited priority lien ahead of the first mortgage. The legislature did this, in part, to force lenders to take action when they had previously failed to act. This failure to act when lenders had the priority over associations caused financial distress to associations that were not collecting sufficient common fees from delinquents. However, this great tool that levels the playing field is always under attack (1) from lenders who oppose more than one priority lien period in any 30-year mortgage and (2) unit owners who are in financial distress.

Along comes bankruptcy. The basic principle is to give a second chance to a person without hope financially. Therefore, when one decides that there is no way to make ends meet, that person may file a request for relief from the bankruptcy court. (more…)

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Making Sense of a Senseless Act: The Newtown Tragedy and Uncomfortable Questions to Come

By Frank A. Lombardi, Esq.

It’s been two months since the tragic shooting at Shady Hook in Newtown, Conn., and I’m still processing this.  I don’t know whether this was a result of a failed gun control policy, underfunded mental health policies, or an increasingly violent society.  What I am certain of is that whatever comes of this, the matter will hit close to home for people living in community associations. If, by raising questions, the dialogue continues and leads to a safer environment for all of us, especially children, then we can hopefully move forward.

For now, though, as a condominium law practitioner, I can anticipate key questions we will need to deal with:

  • Can we limit or ban guns in condominiums?
  • Can or must the association protect its members from unit owners with mental or emotional health issues who could be considered “dangerous” but may not in fact be dangerous?

Related to the above, it’s important to address the following concerns:   (more…)

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Henry A. Goodman Recognized by CAI: National Distinctions and Contributions

CAI National Distinctions and Contributions:
Local Chapter Members Recognized

Henry A. Goodman, Esq.
Goodman, Shapiro & Lombardi, LLC

CCAL Education Committee (more…)

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Condo Media February 2013


CAI National Distinctions and Contributions:
Local Chapter Members Recognized

Henry A. Goodman, Esq.
Goodman, Shapiro & Lombardi, LLC

CCAL Education Committee

While CAI New England chapter members and staff can be found at countless local programs and events, a handful of dedicated volunteers lend their expertise and time to serving at a national level. Familiar names and faces to many chapter members and industry professionals, the following volunteers are applauded for their activism and contributions.

College of Community Association Lawyers (CCAL) 
Since 1993, CAI has recognized excellence in the practice of community association law through the College of Community Association Lawyers (CCAL).

Members of the College distinguish themselves through contributions to the development of community association law. Their service is demonstrated by a commitment to educate boards and residents of the more than 300,000 community associations across the country. CCAL attorneys commit themselves to high standards of professional and ethical conduct and work to create a community of experienced legal professionals to advance community association law for the betterment of the communities they serve.

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Condo Media February 2013

Making Sense of a Senseless Act:
The Newtown Tragedy and the Uncomfortable
Questions to Come

By Frank A. Lombardi, Esq.

As I write this article, it’s a week before Christmas, and I am still trying to process the tragedy at Newtown, Conn. As children were involved, my heart is broken. Whether it would be a failed gun control policy, underfunded or misunderstood mental health policies or just that we’ve become a desensitized and increasingly violent society, I have no answers. What I am certain of is that whatever comes of this, the matter will hit close to home for people living in community associations. And if by raising questions the dialogue continues and leads to a safer environment for all of us, especially children, then maybe getting over this will be easier.

For now though, as a condominium law practitioner, I can anticipate the questions that will inevitably arrive: (more…)

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