Making Sense of a Senseless Act:
The Newtown Tragedy and the Uncomfortable
Questions to Come
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…)Read More
By Kevin Parker
January 17, 2013
Goodman, Shapiro & Lombardi, LLC has relocated its Rhode Island office to 14 Breakneck Hill Road, Suite 203, Lincoln, RI, 02865. The firm was formerly located at 395 Smith St. in Providence, RI. (more…)Read More
Unpaid Common Fees and Bankruptcy:
Navigating the Conundrum of Financial Distress
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, 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 was the cause of 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. (more…)Read More
‘Don’t’ Fall into the Gap:
Insurance Coverage Missteps
According to my research, in 1981 the GAP had an advertising slogan and jingle for customers to “fall into the GAP.” For condominiums, both the organization of unit owners and the unit owners themselves, that is precisely the opposite of what you want to happen with respect to insurance, that is, you don’t want to fall into the gap. (more…)Read More
I live in a condominium. I have lived in condominiums for more than 30 years. This year, for the first time, I along with all my fellow unit owners received an advisory from our board that we were expected to keep the mulch around our
units moist. The reason given was that an area of mulch around a rock in the common area burst into flames. I thought that must be because the board “cheaped out” and purchased inferior mulch. To me, mulch bursting into flames was unheard of. Further, it is not the unit owners’ job to water the mulch. (more…)
Monday, November 5, 2012
Disabled Seniors Deserve Condo-Living Rights
Retrofitting Swimming Pools Should Be Part Of On-Going Planning
Seniors today are living longer than ever before, and technological advances are improving their quality of life, even if they have disabilities. Seniors are now also more educated and active than ever before. They typically know how the system works, and they advocate for laws to protect their way of life and address their disabilities, wherever they live.
Millions of seniors have chosen the condominium form of living, and this increasingly large segment of the housing market poses special challenges to developers, association boards, project managers, bankers, brokers and lawyers. This is particularly the case when it comes to working with disabled seniors, who recognize their rights and want to continue to enjoy their favorite activities, including having year-round access to pools. (more…)
When ‘coming home’ creates legal dilemmas
Someone once said that, “Home is the place that you go where they have to take you in.”
Given today’s economy, those words are ringing true in Providence and beyond.
With the onset of the Great Recession, the world’s most powerful economy went into a deep and extended contraction and correction. As a result, millions of people have lost jobs and experienced a catastrophic loss of equity in their homes, if not an out-and-out loss through foreclosure or short sales. And so, scores of family members, both young and old, are coming home. (more…)
E. Prov. condo case a reminder that developers must be timely
I am writing this letter in response to an article by Patrick Anderson that ran in Providence Business News recently (“Twenty years on, court ruling changes condo law,” Sept. 10, 2012).
The article raises important issues, addresses timely topics, and is valuable to condominium-unit owners, bankers and developers. With this in mind, I would like to take the opportunity to clarify a few items. (more…)Read More
Twenty years on, court ruling changes condo law
OWNER’S RIGHTS: Gene Savory, president of the Bowen Court association, at the condominiums. Twenty years after the Bowen Court condominiums were built, a court decision is giving residents collective ownership of an undeveloped parcel of the property.
By Patrick Anderson
PBN Staff Writer
Two decades after Rhode Island was rocked by the 1990s credit union crisis, lingering complications of the Depositors Economic Protection Corp. era are still being unraveled in unpredictable areas, such as condominium development.
This summer, a DEPCO-era dispute involving an East Providence condominium complex was settled by the R.I. Supreme Court in a decision that could alter how developers and lenders approach large condominium projects.
The decision, in Alessi v. Bowen Court Condominium Association, strengthens the position of condominium associations to take control of undeveloped parcels within multi-stage projects when those projects go through foreclosure.
“Given the current economic climate, additional foreclosure scenarios such as the one presented here are sure to arise,” wrote Frank A. Lombardi, the Providence attorney who represented the victorious condominium association in the case. (more…)Read More
A Learning and Networking Experience for All
By New England Condominium
Launched just three years ago, New England Condominium’s annual Condo Expo has already become a fixture on the business calendar of vendors, service providers, board members, building staff members and residents throughout the region. Each year, they converge under one roof to learn about new products and technologies, exchange information, network and improve how their buildings and associations are run.
The 2011 Expo was no exception—nearly a thousand community association owners, board members and professionals filled the Seaport World Trade Center on Tuesday, May 24, 2011, to visit some 120 exhibit booths and take in this year’s lineup of informative educational seminars.