Condo Lawyer Boston
Experienced condominium counsel for Boston's most complex buildings.
From luxury high-rises in the Seaport and Back Bay to historic brownstone conversions on Beacon Hill and the South End, Boston has some of the most demanding condominium associations in New England. Marcus Condo Law works with the boards, managers, and developers behind buildings where one decision affects every unit owner.
SERVICES
Where expert condo counsel matters most in Boston.
Boston condominiums tend to be larger, older, or taller than the statewide average, and each of those qualities raises the stakes. High-rises carry exterior-wall inspection obligations, elevator and life-safety systems, and master insurance programs that have to satisfy both lenders and the building's own documents. Converted brownstones often run on governing documents drafted decades ago that no longer match how Chapter 183A or the secondary mortgage market operate today. We work across all of it, from document amendments to capital projects to litigation.
Document Review & Amendments
Reviewing master deeds, declarations of trust, bylaws, and rules and regulations. Drafting amendments to bring documents into line with current law, current building needs, or current case law. Updating documents that haven't been touched in decades, and explaining what changes will actually pass at a unit owner meeting.
Board Governance & Operations
Counseling boards through difficult decisions, including when to call a special meeting, how to handle conflicts of interest, what kinds of decisions require unit owner votes, and how to document board actions in a way that withstands future challenges.
Rule Enforcement
Enforcing parking restrictions, pet policies, short-term rental prohibitions, leasing limits, and architectural controls. Advising on when rules can be enforced as written and when they need to be amended first. Handling disputes that escalate to litigation.
Special Assessments & Capital Projects
Structuring and authorizing special assessments for major repairs, deferred maintenance, and capital improvements. Counseling boards through reserve fund use, financing decisions, and the procedural steps required for assessments to be enforceable.
Collections
Pursuing unpaid common area fees and assessments. Massachusetts condominiums have one of the strongest priority lien protections in the country, much of which was secured by legislation Stephen helped lead in the early 1990s. We use those protections strategically.
Developer Turnover
Representing associations in the transition from developer control to unit owner control. Reviewing turnover documents, identifying outstanding warranty claims, and ensuring that the developer's representations match the building's actual condition.
Litigation & Dispute Resolution
When matters cannot be resolved through negotiation, representing associations in court and in arbitration. Defending against unit owner challenges, prosecuting against vendors and contractors, and pursuing developers for breach of warranty or defect claims.
WHO WE WORK WITH
A narrow client base, by design.
Marcus Condo Law represents Boston condominium associations of 30 units or more, the property management companies that serve high-rise and large-association portfolios, and developers building condominium and mixed-use projects in the city. The practice focuses on the matters where experienced judgment matters more than volume, which means referring people with other problems to a trusted colleague with the relevant experience.
Condominium Associations of 30+ Units
We work directly with boards of trustees and management committees on the matters that shape how a building runs. Most of our association clients have a long-term relationship with the firm — we are the expert counsel they turn to for harder questions, while routine matters are handled by their property manager or in-house staff.
Property Management Companies
Many of our association engagements come through property managers who refer us in when something requires expert legal input. We also work directly with management companies on policy questions, training, and matters affecting their portfolio of properties.
Developers
We advise developers on document drafting for new condominium projects, conversion of rental buildings to condominium ownership, turnover negotiations, and defense of warranty and defect claims after delivery.
WHY STEPHEN MARCUS
Experience that has been written into the law itself.
Stephen has been practicing condominium law since 1979, helping shape both the Massachusetts statute and the case law that Boston's largest buildings rely on every day. He served as President of the College of Community Association Lawyers, was the fifth-ever recipient of the Don Buck Lifetime Contribution Award, and most recently served as tri-chair of the CAI National Building Inspection Task Force convened after the Champlain Towers collapse.
For an aging high-rise in Boston, that structural-safety perspective is not academic. It is the difference between a board that plans ahead and one that reacts after a problem becomes a crisis.
FAQ
FREQUENTLY ASKED QUESTIONS
Do older Boston high-rises have inspection obligations most boards overlook?
Often not in full. Documents drafted decades ago frequently no longer match current Chapter 183A practice or what lenders and insurers now expect. Bringing them current requires knowing both what the law requires and what will realistically pass at a unit owner meeting, which is a core part of what we do.
Our brownstone's documents are from the 1980s. Do they still hold up?
Often not in full. Documents drafted decades ago frequently no longer match current Chapter 183A practice or what lenders and insurers now expect. Bringing them current requires knowing both what the law requires and what will realistically pass at a unit owner meeting, which is a core part of what we do.
Where in Boston do you work?
Throughout the city and Greater Boston, from the Seaport and Back Bay to Dorchester, South Boston, and Charlestown. Most engagements are about the building and the association, not the neighborhood.
Does Massachusetts require our association to have a reserve study?
Not yet. Massachusetts requires condominiums to maintain an adequate, segregated reserve fund under Chapter 183A, but it does not currently mandate a formal reserve study the way some states do. Lenders and insurers increasingly expect one anyway, so most well-run associations commission them. We help boards understand what they actually need.
Do you represent individual unit owners?
Generally no. The practice is built around association-level matters: board governance, document amendments, capital projects, insurance and lender compliance, and disputes that affect the building as a whole. Individual unit owner disputes and landlord-tenant matters are usually better served by other counsel, and we are glad to refer.
IS THIS THE RIGHT FIT?
Marcus Condo Law works primarily with Boston condominium associations of 30 units or more, property management companies, and developers. We do not typically represent individual unit owners, associations smaller than 30 units, or landlord-tenant matters. If your situation falls outside that scope, send a brief note and we'll point you toward a colleague who can help.
REQUEST A CONSULTATION
Tell us about the matter. We respond within one business day.
We'd be glad to hear about your Boston association, your portfolio, or your project.
Monday – Friday, 9:00 AM – 5:00 PM (Eastern). By appointment outside business hours.
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