Areas of focus: Condominium Litigation and Real Estate Litigation
Ed is a partner of the firm and his practice encompasses all aspects of condominium representation with a focus on litigation in Massachusetts, Rhode Island and New Hampshire, including: condominium development rights and phasing cases, enforcement of condominium covenants and rules, construction defects, land use and zoning issues, contract disputes, easement and real property rights claims (including view easements), fiduciary claims, and insurance defense of condominium boards.
Ed is also active in our Legislative Action practice. As chair of Rhode Island CAI’s Legislative Action Committee, he has played an instrumental role in drafting and securing the passage of legislation benefiting condominiums in the state. He also worked closely with CAI nationally to help defeat proposed federal legislation that would have impeded the ability of condominium associations to collect delinquent payments from owners.
Ed is active in the Community Associations Institute, nationally and in New England, and in 2011 was inducted into the College of Community Association. He is tapped regularly as a panelist and lecturer to speak on condominium issues both regionally and nationally. Ed was named a New England Super Lawyer by Boston Magazine in 2010 and 2011.
- Suffolk University (1991)
- Suffolk University Law School, cum laude (1994)
- Community Associations Institute
- Chair, Attorneys Committee —2008
- Community Associations Institute (National)
- College of Community Association Lawyers – Board of Governors
- Rhode Island CAI
- Chair, Legislative Action Committee – 2008-present
- Massachusetts Real Estate Bar Association (REBA)
- Chair, Litigation Committee —2009 to present
- Uniform Condominium Law Subcommittee – member
- Rhode Island Bar Association — member
- New Hampshire Bar Association — member
- Rhode Island
- New Hampshire
- Federal Courts in Massachusetts, Rhode Island and New Hampshire
- Drafted the Rhode Island Condominium Super Lien Legislation, which became law in 2008.
- Drafted a Rhode Island measure expanding the borrowing authority of condominiums. The bill passed the state House of Representatives in 2009 and is currently pending.
- Worked with CAI’s national office in 2009 to help defeat proposed federal legislation expanding the authority of bankruptcy judges, which would have had an adverse impact on condominiums.
Publications and Events
- REVISED ADA REGULATIONS IMPLEMENTING TITLE II AND TITLE III
- Chaired a Massachusetts Continuing Legal Education, Inc. seminar in 2007 on trends in condominium litigation and co-authored the resulting book, entitled Condominium Litigation.
- “Condominiums and Sex Offenders” (CondoMedia, 2009).
- “Rhode Island Supreme Court Says Size Doesn’t Matter for Rhode Island Dockominium” (CondoMedia, 2009).
- “Why Condominiums Should Adopt Rights of First Refusal” (CondoMedia, 2008).
- “Smoke-Free Condominiums, the Wave of the Future?” (REBA News, 2008).
- Massachusetts Property Insurance Law Survey (2007).
- “Burning Down the House: Is Your Condominium Adequately Insured?” (CondoMedia, 2007).
- “Construction Permitting Reforms Aim High but May Fall Short of Developers’ Expectations” (Banker & Tradesman, 2006).
Ed’s recent representative matters include:
- Obtaining a $383,000.00 Judgment (including $75.00 per day fines and attorney fees), after a three-day Superior Court trial, upholding a misconduct assessment under the Massachusetts condominium statute against a unit owner who tapped into a common area gas line. The judgment is believed to be largest of its kind in Massachusetts.
- Obtaining a judgment, after a two day Land Court trial, annulling a special permit that otherwise would have resulted in a massive apartment complex being built next two condominiums.
- Obtaining a judgment, after a seven-day Superior Court trial, in favor of a trustee against beneficiaries found to have forged trust instruments to divest other beneficiaries of their property rights.
- Obtaining a judgment, after a Land Court Trial, successfully partitioning a multi-million dollar estate property in Nantucket.
- Obtaining summary judgment in Land Court against a condominium developer declaring that all remaining condominium phases and partially completed structures are condominium property free from claimed developer rights.
- Obtaining summary judgment in the Land Court against a lender invalidating a mortgage purporting to encumber the common areas of the Condominium in connection with expired development rights.
- Obtaining summary judgment in the Land Court declaring abutters had failed to extinguish rights in an abutting roadway and determining easement rights in favor of client under the derelict fee statute.
- Obtaining summary judgment and a six-figure settlement in a downtown waterfront Master Deed/parking easement case.
- Obtaining separate summary judgments producing six-figure collection awards for two Cape Cod condominium boards.
- Successfully litigating and resolving multiple “view easement” cases.
- Successfully representing multiple high-profile condominium associations, developers, business and contractors in a wide variety of matters, including construction and business disputes, mechanics lien cases, insurance coverage matters, property damage and property rights cases.
Ed’s published appellate decisions include:
Mirrione v. Jacobs, 446 Mass. 1001 (2006); John Marini Management Co. v. Butler; 70 Mass.App.Ct. 142 (2007); Elles v. Zoning Bd. of Appeals of Quincy, 450 Mass. 671 (2008) and Berish v. Bornstein, 437 Mass. 252 (2002).