The Appeals Court recently provided guidance on how defects in notice of special permit or variance hearings required by the Massachusetts Zoning Act, G.L. c. 40A, affect appeal rights. The specific issue was the Town’s failure to mail neighboring properties notice of zoning hearings, as is required by G.L. c. 40A, § 11. The Court
“Recommendations For Landlord & Tenant Re-Negotiations” w/ Kim Kroha of Baker Braverman & Barbadoro Kimberly Kroha, Esq.
On Monday, April 20th, Massachusetts enacted new landlord, tenant, and mortgage laws related to COVID-19 financial impact that affects residential and commercial properties, including limits on foreclosure laws and eviction proceedings (Chapter 65 of the Acts of 2020). What properties are affected? All residential tenants and certain small business tenants are protected from nonpayment evictions,
Zoning disputes range from single family homes to complex commercial, residential, or mixed use developments. Regardless of the monetary value of the project from a cost-standpoint, the zoning disputes that get to court all have one thing in common – someone owning a nearby property is not happy. Anyone can talk at a local hearing
According to Airbnb, hosts in Massachusetts earned over $256 million from 1.2 million renters. The growth of private vacation rentals deriving from Airbnb, HomeAway, VRBO, and similar websites has provided extra income for property owners in Massachusetts and additional options for travelers to the state. The tremendous growth, however, has also prompted state and local
Typically when entering a commercial lease, the tenant pays to the landlord a security deposit to ensure that the tenant complies with the lease and returns the space in the proper condition. Depending on the credit history and specifics of the lease, the commercial lease security deposit can range from one month’s rent to a
Like many seaside areas of Massachusetts, Dennis has a sought-after beach on Cape Cod Bay. So much so in fact that access to one particular beach area is the subject of three appellate decisions. The seaside neighborhood in dispute consists of approximately 200 acres, which was developed into residential lots beginning approximately 1903. Generally, the
With the skyrocketing real estate values in Greater Boston the last few years, many owners of two, three and four family homes have thought about converting their properties into Condominium ownership so that they can legally sell off one or more units and maximize their total value from the properties. If you are thinking of
Restrictive covenants are, in a nutshell, private restrictions on the use of land. They are generally disfavored by state law, and developers must adhere to strict guidelines to protect their enforceability beyond a thirty-year period. Restrictive covenants typically arise during residential or commercial developments. Before selling off property, a developer could create restrictions governing certain
Commercial leases typically divvy up the costs for maintaining a building and property amongst the tenants. These costs are called common area maintenance expenses, CAM for short. Leases can be structured in many different ways, and the devil is in the details. Below are a few provisions to review closely to limit post-occupancy surprises. 1.