STEPHEN MARCUS — CONDOMINIUM LAW ATTORNEY

Nearly 50 years of condominium law. National leadership. Local practice.

Stephen Marcus has been practicing condominium law in Massachusetts since 1979. He is past president of the College of Community Association Lawyers, the fifth-ever recipient of the Don Buck Lifetime Contribution Award, and served as tri-chair of the CAI National Building Inspection Task Force convened after the Champlain Towers collapse in Surfside, Florida. Marcus Condo Law is his focused practice — built around senior consulting work for the firms, boards, and communities where his experience is most needed.

Stephen Marcus

Condominium and HOA Attorney

HOW THIS PRACTICE BEGAN

He went to law school knowing exactly what he wanted to practice.

Before law school, Stephen was already working as a condominium manager — at a time when condominium ownership in Massachusetts was still a relatively new way of living and the body of law around it was still being built. The day-to-day reality of running a building — board governance, insurance, the gap between what the documents said and what life inside the building actually required — convinced him there was a career here worth building.


By his own account, he entered law school as the only person he knew of who went specifically to become a condominium lawyer. Three years later, in 1979, he graduated and opened his own condominium law practice.

BUILDING THE FIELD

Practicing condo law from before it was a specialty.

After opening his own practice in 1979, Stephen became a founding partner of Marcus, Errico, Emmer & Brooks in 1993 — a firm that grew to represent more than 5,000 community associations across Massachusetts, New Hampshire, Rhode Island, and Maine, and one of the largest community association practices in New England. The firm grew alongside the field itself: as condominium ownership expanded from a novelty into a major form of housing in Massachusetts, condominium law evolved from a niche into a recognized specialty.


Stephen was deeply involved in shaping it. He worked at both the state and federal levels on the legislation that governs condominium living. He played a leading role in securing priority lien legislation for condominium associations in Massachusetts in the early 1990s — a foundational protection for boards trying to collect unpaid assessments, and a provision the Allcock & Marcus firm has publicly credited to his work. He contributed to federal bankruptcy law and the Federal Telecommunications Act as they apply to condominium communities.


Chapter 183A — the Massachusetts Condominium Act — was enacted in 1963, sixteen years before he started practicing. But very little of it had been tested in court. Much of what makes the Act work in practice has been built since, through case law, attorney general opinions, and statutory amendments. Stephen and his peers contributed a meaningful share of that.

NATIONAL LEADERSHIP

Beyond Massachusetts.

In 2015, Stephen served as president of the College of Community Association Lawyers — the national professional body for attorneys practicing in this field. CCAL is the credentialing organization for community association lawyers in the United States, and its fellowship represents some of the most experienced practitioners in the country.


In 2017, he received the Don Buck Lifetime Contribution Award — named for one of the founders of community association law. He was only the fifth attorney ever to receive it. The award recognizes attorneys whose careers have meaningfully shaped the field.


He has served on the CAI National Amicus Committee — which files briefs on community association cases of national importance — for decades, and as co-chair for several years. He continues to serve on the CAI National Federal Legislative Action Committee. He has spoken at CAI national conferences, written and presented on condominium policy at the state and federal level, and contributed to legislative work in multiple jurisdictions outside Massachusetts.

POST-SURFSIDE

The work that defined this chapter of his career.

On June 24, 2021, Champlain Towers South — a 12-story condominium in Surfside, Florida — partially collapsed. Ninety-eight people died. It was one of the deadliest structural failures in U.S. history, and the building was a condominium, governed by an association, insured under condominium-specific policies, and operating under condominium law.


In response, the Community Associations Institute convened three national task forces charged with producing recommendations to help prevent another collapse. Stephen was named tri-chair of the Building Inspection Task Force. The work produced the Condominium Safety Public Policy Report — a framework covering reserve studies and funding, building maintenance, and structural integrity that has since been distributed to thousands of state legislators and is informing legislation in states across the country.


In many ways it is the culmination of the work Stephen began in 1979: applying decades of practical experience to the question of how condominium buildings should actually be run — safely, sustainably, and lawfully.

HOW THIS PRACTICE BEGAN

He went to law school knowing exactly what he wanted to practice.

Before law school, Stephen was already working as a condominium manager — at a time when condominium ownership in Massachusetts was still a relatively new way of living and the body of law around it was still being built. The day-to-day reality of running a building — board governance, insurance, the gap between what the documents said and what life inside the building actually required — convinced him there was a career here worth building.


By his own account, he entered law school as the only person he knew of who went specifically to become a condominium lawyer. Three years later, in 1979, he graduated and opened his own condominium law practice.

BUILDING THE FIELD

Practicing condo law from before it was a specialty.

After opening his own practice in 1979, Stephen became a founding partner of Marcus, Errico, Emmer & Brooks in 1993 — a firm that grew to represent more than 5,000 community associations across Massachusetts, New Hampshire, Rhode Island, and Maine, and one of the largest community association practices in New England. The firm grew alongside the field itself: as condominium ownership expanded from a novelty into a major form of housing in Massachusetts, condominium law evolved from a niche into a recognized specialty.


Stephen was deeply involved in shaping it. He worked at both the state and federal levels on the legislation that governs condominium living. He played a leading role in securing priority lien legislation for condominium associations in Massachusetts in the early 1990s — a foundational protection for boards trying to collect unpaid assessments, and a provision the Allcock & Marcus firm has publicly credited to his work. He contributed to federal bankruptcy law and the Federal Telecommunications Act as they apply to condominium communities.


Chapter 183A — the Massachusetts Condominium Act — was enacted in 1963, sixteen years before he started practicing. But very little of it had been tested in court. Much of what makes the Act work in practice has been built since, through case law, attorney general opinions, and statutory amendments. Stephen and his peers contributed a meaningful share of that.

NATIONAL LEADERSHIP

Beyond Massachusetts.

In 2015, Stephen served as president of the College of Community Association Lawyers — the national professional body for attorneys practicing in this field. CCAL is the credentialing organization for community association lawyers in the United States, and its fellowship represents some of the most experienced practitioners in the country.


In 2017, he received the Don Buck Lifetime Contribution Award — named for one of the founders of community association law. He was only the fifth attorney ever to receive it. The award recognizes attorneys whose careers have meaningfully shaped the field.


He has served on the CAI National Amicus Committee — which files briefs on community association cases of national importance — for decades, and as co-chair for several years. He continues to serve on the CAI National Federal Legislative Action Committee. He has spoken at CAI national conferences, written and presented on condominium policy at the state and federal level, and contributed to legislative work in multiple jurisdictions outside Massachusetts.

POST-SURFSIDE

The work that defined this chapter of his career.

On June 24, 2021, Champlain Towers South — a 12-story condominium in Surfside, Florida — partially collapsed. Ninety-eight people died. It was one of the deadliest structural failures in U.S. history, and the building was a condominium, governed by an association, insured under condominium-specific policies, and operating under condominium law.


In response, the Community Associations Institute convened three national task forces charged with producing recommendations to help prevent another collapse. Stephen was named tri-chair of the Building Inspection Task Force. The work produced the Condominium Safety Public Policy Report — a framework covering reserve studies and funding, building maintenance, and structural integrity that has since been distributed to thousands of state legislators and is informing legislation in states across the country.


In many ways it is the culmination of the work Stephen began in 1979: applying decades of practical experience to the question of how condominium buildings should actually be run — safely, sustainably, and lawfully.

RECOGNITION & CREDENTIALS

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Past President, College of Community Association Lawyers (2015)

CCAL is the national professional body for attorneys practicing condominium and community association law. Fellowship is by invitation based on experience and contribution to the field.

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Don Buck Lifetime Contribution Award — 5th-Ever Recipient (2017)

Named for one of the founding figures of community association law, this award recognizes attorneys whose careers have shaped the field. Stephen was only the fifth attorney to receive it.

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Tri-Chair, CAI National Building Inspection Task Force (Post-Surfside)

Co-led the national response to the Champlain Towers collapse, producing the Condominium Safety Public Policy Report adopted by Community Associations Institute and now informing condominium-safety legislation across the country.

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Co-Chair (and Long-Time Member), CAI National Amicus Committee

Directs and contributes to the filing of legal briefs in community association cases of national significance, shaping condominium and HOA law beyond any single jurisdiction.

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Member, CAI National Federal Legislative Action Committee

Ongoing federal policy work on issues affecting condominium and community association housing.

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CAI-New England Hall of Fame & Past President

Recognized by the New England chapter of Community Associations Institute — the regional industry body for managers, boards, and service providers — for sustained contribution to community association practice in the region.

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Massachusetts Super Lawyer — Multiple Consecutive Years

Selected by peer attorneys for inclusion in Super Lawyers in Massachusetts across a multi-year run prior to retirement.

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Federal Legislative Contributions

Contributed to the application of federal bankruptcy law to condominium associations and the Federal Telecommunications Act provisions affecting community associations.

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State Legislative Contributions

Played a leading role in securing priority lien legislation for condominium associations in Massachusetts in the early 1990s — a protection now considered foundational to how associations operate financially.

In the News

Stephen is regularly sought out by national and local media on condominium and community association issues — particularly around structural safety, insurance, and policy.

Experts say your HOA fees a probably too low

The Boston Globe • Apr 16, 2026

The board finally realized the wrong work had been done.” Condominium attorney Stephen Marcus of Allcock Marcus in Braintree, said condominium ...

It's Not Just Homeowners at Risk for Cybertheft; Your HOA Is, Too

HOAleader.com • October 7, 2016

In this week's tip, we give you fair warning that you should prepare for the worst when it comes to cybertheft. The biggest risk for associations is likely to be an inadvertent breach of cybersecurity, contends Stephen Marcus, a partner at Marcus, Errico, Emmer, Brooks in Braintree...

Two years later: CAI, community associations rally around condo safety - Ungated: Community Associations Institute Blog

CAIOnline • Jun 22, 2023

Stephen Marcus, an attorney in Braintree, Mass., says he was “shocked” by the collapse. In his role as co-chair of CAI’s building inspection task force that helped developed the Condominium Safety Public Policy Report following the Surfside tragedy...

WORK WITH STEPHEN

If you have a condominium matter where experience matters, let's talk.

Whether you're a property manager whose board needs expert counsel, an attorney looking for a peer to consult with, or a board facing a complex matter, we'd be glad to hear about your situation.