Residential Security Deposit Law Primer for the Developer Who Decides to Self-Manage Residential Apartments
You are a real estate developer and have recently developed a mixed-use or residential apartment complex that contains residential apartments. You went through the difficult process of planning, permitting, and building your state-of-the-art development. Now, rather than development and construction, your focus turns to filling each unit with occupants to maximize your return on investment….
Construction Continues on Qualified Opportunity Zone Regulations
On April 17, 2019, the U.S. Department of Treasury released its second set of proposed regulations (REG-120186-18) concerning the rules for forming and operating so-called Qualified Opportunity Zone investments. The proposed regulations update guidance issued late last year and provide much-needed clarity on many issues related to using Qualified Opportunity Funds (QOFs) to accommodate real…
Overcoming the Strong Disfavor of Variances Under Massachusetts Law
Real estate owners planning to construct a new addition or make any other improvement to their property might have to petition for a “variance” to allow for the contemplated construction. When a variance is required and justified, the variance petitioner should do some homework prior to the variance proceedings to ensure that he or she,…
Impact of Massachusetts Lead Law on Commercial Property Owners
Do you own multiple-family dwelling units? Are you considering entering the market as an owner? If so, you must be familiar with the Massachusetts Lead Paint Law (Lead Law). The Lead Law is a robust policy designed to protect children. Owners should not attempt to avoid or find shortcuts around its requirements. To the contrary,…
In the Marijuana Zone
Massachusetts voters approved the retail sale of recreational marijuana. But that was only part of the legalization debate. The hard part now is where recreational marijuana will be sold as dispensary doors are ready to open in July, 2018. Despite the vote to legalize, some municipalities are flexing their political and community muscles to stop…
Developer Data: What to Know Before Developing a Property Under M.G.L. Chapter 40B
Even the most experienced property developers can find themselves mired down in the complexities of 40B rules. Delays, litigation and opposition can drive up costs and potentially suspend development for an extended period of time – and time is money. Such problems, however, can be avoided not merely by understanding the law, but by effective…
Why You Should Choose Your Own Lawyer When Your Insurer Issues a Reservation of Rights
You or your business is served with a lawsuit. It could be for a slip-and-fall, construction defect or even wrongful death. In any event, you paid those hefty insurance premiums for this very moment – right? After receiving the plaintiff ’s Complaint, you likely send it to your insurance agent or your carrier. In the…
Contractor Must Be Perfect When Recording Mechanic’s Lien
In our December 2016 article on Massachusetts mechanic’s liens, we discussed the general requirements, process, and time constraints regarding the recording of mechanic’s liens on private construction projects. Now, only weeks following a Massachusetts Superior Court decision that resulted in the discharge of a contractor’s mechanic’s lien on a residential project, the purpose of this…
Frederick M. Misilo, Jr. Elected as President of The Arc of the United States, Inc.
Attorney Frederick M. Misilo, Jr, Chair of the Trust and Estate Department of Fletcher Tilton PC., has been elected President and Chair of the Board of Directors of The Arc of the United States, Inc. based in Washington, D.C. The Arc is the nation’s largest and oldest community-based civil rights organization dedicated to improving the…
