Tag Archives: condo law

ILN Today Post

Massachusetts Debt Collection Ban Stricken Down

In a decision with implications for condominium collections in Massachusetts, the U.S. District Court in Massachusetts on May 6, 2020 issued an order prohibiting the State Attorney General from enforcing parts of the March 27 emergency regulations restricting consumer debt collections during the COVID-19 state of emergency. As discussed in our April 7, 2020 client alert, those regulations banned debt collectors from calling debtors and initiating “collection lawsuits.”

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ILN Today Post

Condo Associations Face New Collection Challenges

As if the coronavirus pandemic and resultant economic fallout are not enough, the Commonwealth’s efforts to protect consumers and their homes are imposing an additional, unintended burden on condominium associations. To assist residents who are facing severe hardship, the Massachusetts Attorney General on March 27, 2020 issued new regulations restricting consumer debt collections. Unfortunately, the regulations’ broad reach falls too on condominium associations, many of which are struggling with unanticipated costs dealing with the unprecedented challenges presented by the COVID-19 pandemic. As we turn a new month, and delinquencies increase and age, cash-flow planning requires understanding these restrictions.

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Miami Associates secure trial victory against fraudulent concealment claims

Arnstein & Lehr

Samuel Sheldon

Arnstein & Lehr

Steven Appelbaum

Arnstein & Lehr Miami Associates Samuel M. Sheldon and Steven M. Appelbaum recently secured a trial victory before Judge Robert Mark of the U.S. Bankruptcy Court for the Southern District of Florida. In the case, the plaintiffs asserted adversary claims seeking non-dischargeability of debts arising from the clients’ alleged fraudulent concealment of latent defects in a condominium unit sold to the plaintiffs by our clients. Following the presentation of the plaintiffs’ case, they moved for judgment on partial findings. The court granted their motion, finding that the plaintiffs had failed to prove that our clients knew of any latent material defects, and entered final judgment in the clients’ favor.

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IICLE updates Condominium Law (Illinois) with chapters written by Allan Goldberg, Robert Taylor, and Daniel Schlade

Arnstein & Lehr

Allan Goldberg

Arnstein & Lehr

Robert Taylor

Arnstein & Lehr

Daniel Schlade

Arnstein & Lehr Chicago Partners Allan Goldberg, Robert J. Taylor, and Daniel I. Schlade provide updated chapters in the newly published Illinois Institute for Continuing Legal Education’s (IICLE) Condominium Law in Illinois. Mr. Goldberg’s chapter is entitled “The Illinois Act and Condominium Titles,” Mr. Taylor’s chapter is “The Condominium Construction Finance,” and Mr. Schlade’s is “Local Condominium Ordinances.” On their website promoting the publication, IICLE notes that “Condominium law practice in Illinois has changed dramatically. Economic circumstances mean less emphasis on new developments and more emphasis on rescuing projects, dealing with associations connected with distressed developments, and selling halted projects and units in a depressed market. A chapter focusing entirely on distressed projects provides guidance on how to represent each of the major parties – developers, associations, and lenders – and gives strategies for rescuing projects and handling bankrupt associations. The authors, all expert practitioners in the field, provide creative solutions to demanding circumstances and plans for moving forward in both prosperous and challenging times.” IICLE is a not-for-profit 501 (c)(3) organization dedicated to supporting the professional development of Illinois attorneys through Illinois-focused practice guidance.

To read more about the publication or order a copy, please click here.

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DAVIS MALM SHAREHOLDER ROBERT J. GALVIN QUOTED IN NOTED CONDOMINIUM RESOURCE HOALEADER.COM

Davis Malm shareholder Robert J. Galvin was recently quoted on multiple topics in the noted online condominium resource HOALeader.com. Mr. Galvin offered insight on:

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Allan Goldberg provides expertise on condo blog

Arnstein & Lehr Attorney Allan Goldberg

Allan Goldberg

Arnstein & Lehr Chicago Partner Allan Goldberg was asked to provide his thoughts in a March 15 post on the blog CondoT@lk. The post, entitled “Reserve Studies: The Good, The Bad, and the Ugly,” reviews the budgeting tool known as a reserve study which should contain a comprehensive physical analysis of an association’s common elements and makes financial forecasts to aid in future budget preparations. CondoT@lk discusses elements of community association life and management.

To read the blog post in its entirety, please click here.

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