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Massachusetts Attorney General’s Moratorium on Collections is Deemed Unconstitutional
The emergency regulation by MA Attorney General, Maura Healy, putting a 90-day moratorium on certain debt collections has been overturned, in part by USDC Federal Judge, D.J. Stearns, who stated in his Opinion that the measure violates the First Amendment rights of...
CONDOMINIUM AND HOMEOWNERS ASSOCIATIONS EXPECT SPIKE IN ASSESSMENT DELINQUENCIES AS A RESULT OF COVID-19
Senior Partner Charlie Perkins would like to share an article about what to expect in the aftermath of the Covid-19 Epidemic. It was created by the Community Associations Institute: CONDOMINIUM AND HOMEOWNERS ASSOCIATIONS EXPECT SPIKE IN ASSESSMENT DELINQUENCIES AS A...
VIRTUAL NOTARIZATION AUTHORIZED DURING THE COVID-19 PANDEMIC
On Monday, April 27th Massachusetts Governor Charlie Baker signed into law a measure allowing for virtual notarization of documents to address challenges related to COVID-19. The Act allows for a notary appointed pursuant to M.G.L. c. 222 who is an attorney or under...
MASSACHUSETTS EVICTION AND FORECLOSURE MORATORIUM
On Monday, Governor Baker signed into law a bill to implement a moratorium on evictions and foreclosures throughout Massachusetts during the COVID-19 emergency. The moratorium halts all “non-essential” residential evictions for a period of 120 days or 45 days after...
Deed Theft Has Become a Recognized Threat to Homeowners
Also referred to by the FBI as “House Stealing”, the concept involves nefarious operators impersonating a property owner and either refinancing or re-selling a property they do not own, then departing with the proceeds. This was brought to our attention by our...
Small Business Relief Via The Cares Act
Managing Partner Rob Anctil would like to alert clients and readers of this recently enacted government program to aid small business. The CARES Act, federal legislation implemented to address the impacts of the spread of the COVID-19 pandemic, was signed into law on...
Lawyers Are Essential Employees
Managing Partner Rob Anctil would like people to know the Massachusetts Real Estate Bar Association has determined conveyancing attorneys and their staff are essential personnel. He forwards this communication from REBA: Yesterday, Governor Baker issued an Emergency...
Our Procedures and Recommendations for Staying Healthy
The following was written by various P&A team members: Dear Clients, Business Associates & Friends, As the COVID-19 public health emergency continues to create widespread and considerable challenges for individuals, communities and businesses worldwide, we...
Coronavirus Preparation Strategies for Condominiums and Community Associations
As the United States continues to see an increase in COVID-19 (Coronavirus Disease 2019) cases, many of our manager, board member and community association clients have inquired how their communities can prepare for and safeguard against the virus. While it still...
MASSACHUSETTS DISTRACTED DRIVING LAW EFFECTIVE FEBRUARY 23RD, 2020
Our Senior Partner Charlie Perkins has forwarded some information about Massachusetts' new Distracted Driving Law and its particulars. They are as follows: DRIVERS WHO ARE 18 AND OVER………………………….. **Can only use electronic devices and mobile phones in hands-free mode...
Condominium Association Meeting Checklist
Senior Partner Charlie Perkins has written a newsletter article on the subject and would like to share it here: Over this coming year, Perkins & Anctil, P.C., will be sharing a series of educational articles to assist our clients in the day to day operations of...
HUD Releases Guidance for Accommodation Requests for Assistance Animals
The following article was written by Community Associations Insitute's Dawn Bauman, CAE on Jan 29, 2020: The U.S. Department of Housing and Urban Development (HUD) released guidance yesterday for individuals requesting an accommodation for an assistance animal and...
We are proud to announce that the Massachusetts Supreme Judicial Court has appointed David R. Chenelle, Esq., Chair of the Clients’ Security Board, effective January 27, 2020.
Perkins and Anctil is proud to announce that the Massachusetts Supreme Judicial Court has appointed David R. Chenelle, Esq., Chair of the Clients' Security Board, effective January 27, 2020. Mr. Chenelle is the Director of Condominium Lien Enforcement and Bankruptcy...
This Lowell Condominium Has an Interesting History
The building at 61 Market Street in Lowell now houses condominiums but has served a number of other purposes since its construction c. 1877. Built for Charles B. Coburn, owner-operator of a business dealing in paints and oils, the load bearing brick edifice with...
Watch for an Upcoming Questionnaire by Scott Eriksen Concerning Insurance and Loss Prevention
Attorney Eriksen is preparing to distribute an interactive survey via Constant Contact that deals with insurance and is seeking input about individual unit coverage, deductible allocation and deductible cap limits, among other things. His concern is with the shared...
WINTER UPDATE FHA STATUTE OF REPOSE
The following article is by our senior pertner, Charles A. Perkins, Jr., Esq. Recently, the FHA acknowledged that it was willing to modify its loan program by offering spot loans to condominium owners. However, in order to be eligible for these loans, the association...
When is Notice of a Foreclosure Sufficient?
The following is by David R. Chenelle, Esq.: The answer to this question was recently answered by the Norfolk Superior Court in the case of Board of Trustees of the Whitman Pond Village Condominium Trust vs. Jacquelyn Colligan et. al. (“Whitman”)Whitman, as a result...
Stop, thief! How to prevent porch pirates this holiday season
The Following was suggested by Senior Partner Charlie Perkins and written by By Lauren Fielder on Dec 18, 2019: With the ease and convenience of online shopping, more people are choosing to have packages delivered directly to their homes. But the spike in deliveries...
BAD FACTS = BAD LAW SOMETIMES vis-a-vis SETTLEMENT
The bane of a lawyer’s existence is the saying that bad facts equal bad law. In a case recently settled, a lawsuit was commenced against a condominium board and unit owner when a resident was attacked by a level 3 sex offender who was also a paranoid schizophrenic. In...
Is Excluding the Graduation Date From a Transcript a Violation of the Automatic Stay? The Answer is “Yes” According to the U.S. District Court of Pennsylvania
The following article is by David R. Chenelle, Esq.: This case begins in September of 2009, when Jamie Sue Aleckna (“Ms. Aleckna”), as a student at the California Coast University (“CCU”), completed her course work but failed to pay her remaining $6,300.00 in overdue...