CONDO LAWYER MASSACHUSETTS
Expert condominium counsel for the matters that affect every unit owner.
Marcus Condo Law works with condominium associations of 30 units or more, property management companies, and developers across Massachusetts and New England. From document amendments and capital projects to board disputes and litigation, we focus on the matters where experienced judgment sets him apart and above the competition..
CONDOMINIUM LAW SERVICES
Where expert condo counsel matters most.
Condominium law sits at the intersection of state statutes (the Massachusetts Condominium Act, Chapter 183A), each association's own governing documents, federal lending and tax rules, and decades of case law. Most legal questions inside a condominium touch several of these at once. We work across all of them.
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 e.g., 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 condominium associations of 30 units or more, property management companies, and developers. The practice focuses on matters where expert judgment is most useful — 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's been written into the law itself.
Stephen has been practicing condominium law since 1979 — when much of Chapter 183A had yet to be tested in court. Over nearly fifty years, he has helped shape both the statute and the case law, served as President of the College of Community Association Lawyers, became 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.
Most condo lawyers practice the law as it exists. Stephen has spent his career helping shape what it should be — and that perspective shows up in every recommendation he gives a client.
FAQ
FREQUENTLY ASKED QUESTIONS
What does Chapter 183A actually require?
Chapter 183A is the Massachusetts Condominium Act — enacted in 1963 and amended many times since. It sets the legal framework for how condominiums are created, governed, and dissolved in Massachusetts: master deeds, governing documents, board authority, common expense assessments, lien rights, voting thresholds for amendments and improvements, and more. Most operating questions inside a condominium are answered by a combination of Chapter 183A and the association's own governing documents.
How does the priority lien work for unpaid condominium fees?
Under M.G.L. c. 183A § 6, a condominium association's lien for unpaid common expenses has "super-priority" status — taking precedence over a first mortgage on the unit — for up to six months of unpaid fees, plus collection costs and attorney fees, provided the statutory 60-day and 30-day notices are properly served. It is one of the strongest collection tools any community association has, and much of the legislation behind it was secured in the early 1990s with Stephen's involvement.
What happens when the documents conflict with current law?
Older governing documents often haven't been amended in twenty or thirty years and no longer match how Chapter 183A actually operates today — or how lenders, insurers, and the secondary market actually expect a condominium to be run. Bringing documents into alignment requires understanding both what the law requires and what will realistically pass at a unit owner meeting. That's a core part of what we do.
Does Marcus Condo Law represent associations of fewer than 30 units?
Generally no. The practice is built around expert consulting for larger associations and the property management companies that serve them. Smaller associations are often better served by general-practice attorneys, and we're glad to refer.
Where in Massachusetts do you practice?
Throughout Massachusetts and New England. Most engagements are statewide rather than tied to a single county — the law is the same in Boston, Worcester, the South Shore, and the Cape, and Stephen's clients reflect that.
IS THIS THE RIGHT FIT?
Marcus Condo Law works primarily with 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 association, your portfolio, or your project.
Monday – Friday, 9:00 AM – 5:00 PM (Eastern). By appointment outside business hours.
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