Condo Lawyer Somerville

Condominium counsel for Somerville's larger associations and developments.

Somerville is one of the most active condominium conversion markets in the region, with countless two- and three-family conversions alongside larger newer developments around Assembly Row and Union Square. Marcus Condo Law focuses on the larger associations and developer projects, where the legal questions get complex enough to need experienced judgment.

SERVICES

Where expert condo counsel matters most in Somerville.

Two kinds of Somerville work fit the practice. First, developers and newer larger associations navigating the transition from developer control to unit owner control, where turnover documents, warranty claims, and the building's actual condition all need scrutiny. Second, established larger associations dealing with document amendments, capital projects, and disputes. We are candid that many small conversion associations are better served by general-practice counsel, and we will say so.

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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.

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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.

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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.

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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.

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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.

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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.

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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 Somerville condominium associations of 30 units or more, property management companies, and developers. Somerville has a great many small conversion associations, and those are usually better served elsewhere. Where we add the most value is the larger association, the developer project, or the genuinely complex matter.

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 practiced condominium law since 1979 and has represented associations through the full developer turnover process more times than almost anyone in the Commonwealth. For a newer Somerville development moving from developer to unit owner control, that matters: he knows where turnover goes wrong, what warranty claims tend to surface, and how to make sure the developer's representations match the building that was actually delivered.


FAQ

FREQUENTLY ASKED QUESTIONS

Our new development is approaching developer turnover. What should we watch for?

Usually not, and we would rather be honest about that. The practice is built around larger associations and developer projects. Smaller conversions are typically well served by general-practice attorneys, and we are glad to refer you to one.

We are a small conversion association. Can you represent us?

Usually not, and we would rather be honest about that. The practice is built around larger associations and developer projects. Smaller conversions are typically well served by general-practice attorneys, and we are glad to refer you to one.

Do you advise developers building condos in Somerville?

Yes. We advise developers on document drafting, conversion projects, turnover negotiations, and defect defense, with particular attention to the issues that shape long-term liability and saleability.

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.

What's the difference between a condominium and an HOA in Massachusetts?

In Massachusetts, most multi-unit community associations are organized as condominium trusts under Chapter 183A. The term HOA is more common in other states or for planned single-family developments. The underlying legal issues, governance, documents, enforcement, and insurance, are largely the same.

IS THIS THE RIGHT FIT?

Marcus Condo Law works primarily with Somerville condominium associations of 30 units or more, property management companies, and developers. We do not typically represent individual unit owners, smaller conversion associations, 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 Somerville association, your portfolio, or your project.

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25 Braintree Hill Office Park, Suite 200, Braintree, MA 02184

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Monday – Friday, 9:00 AM – 5:00 PM (Eastern). By appointment outside business hours.

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