Allcock & Marcus, LLC

🎉Allcock & Marcus, LLC is Celebrating a Special Milestone... 🎉 Two years ago on August 1, 2022, the founding members embarked on a mission and endeavor to create a law firm with a vision to serve and safeguard the interests of condominium associations/HOAs across Massachusetts, Florida, New Hampshire, Rhode Island, and Maine. Over the past two years, we have had the privilege of working with numerous condominium communities, and it has been an honor to witness the positive impact our legal expertise has made on their operations and growth. We would like to extend our heartfelt gratitude to our clients, property managers, and associates who continue to trust us with their legal matters. Your unwavering support and confidence in our team have been the driving force behind our success. Over the past two years we have expanded from four attorneys to 11 attorneys. We have elevated our brand in New England with a move to a larger office, as well as a Florida office (which we like to consider New England South along with our fellow snowbirds). We have been at the forefront of developing legal issues in the condominium and community association world by adapting to changes and advising our clients as it relates to evolving matters matters such as the Corporate Transparency Act, the Fannie Mae Blacklist, developing Board and Manager/CAM requirements, as well as electric vehicles and electronic voting, to name a few. There have also been a number of significant individual and team achievements. And we have fostered an enthusiastic culture and team as we continue to strive to instill confidence in our clients and communities - while also embracing some camaraderie and fun along the way. As we look ahead, we remain dedicated to staying at the forefront of condominium law, continually honing our expertise and adapting to the evolving legal landscape. Our commitment to excellence and passion for what we do will always be the pillars of our Firm. This anniversary is not just a celebration of our Firm but a tribute to the clients, colleagues, and community who have supported us through this initial two year phase. Your trust and support have been instrumental in our journey, and we look forward to continuing this journey together, guided by the values that have brought us this far. As we commemorate this significant milestone, THANK YOU for being an integral part of our journey so far, and we can't wait to continue serving you with even greater dedication, zeal, optimism, and enthusiasm in the years to come! Here’s to many more years of making a difference together and Happy A&M Day! Edmund Allcock Norm Orban Dina Pepjonovich Rhonda Duarte Ellen Shapiro Ellen Shapiro Jake Marcus Lisa Lam David Lally Sean Tiernan Sean Regan Sarah Bierman Stephen Marcus Gina D.

⏰ WHIRLWIND CONTINUES... CTA BACK ON AGAIN, AS UNITED STATES SUPREME COURT VACATES NATIONWIDE INJUNCTION: ITS TIME TO FILE! ⏰ The United States Supreme Court in a brief terse decision written by Justice Alito has vacated the nationwide injunction imposed on the enforcement of Corporate Transparency Act ("CTA") by the 5th Circuit Court of Appeals in the case of McHenry v. Texas Top Cop Shop Inc.  Justice Gorsuch wrote a concurring opinion and Justice Jackson wrote a dissenting opinion. A copy of the Court’s 2-page decision is included here. As previously reported, Allcock & Marcus, LLC filed an Amicus Brief on behalf of Community Associations Institute ("CAI") National with the United States Supreme Court highlighting the negative effects that CTA has on condominiums. CCAL Members, Edmund Allcock worked along with the Amicus Committee, namely Brendan Bunn of Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. and Robert Diamond of Reed Smith LLP on behalf of community associations nationwide in the Supreme Court Amicus Brief. Justice Alito gave no reason for terminating the injunction. However, reading between the tea leaves, as well as Justice Gorsuch’s opinion, the sentiment seems to be that Circuit Courts lack the power to grant nationwide injunctions. The Court’s decision did note that arguments will be heard before the 5th Circuit on March 25, 2025. Also, the 11th Circuit has not yet issued a decision in the case brought by the National Small Business Administration testing the constitutionality of the CTA. ✨ So what does this mean for Condominiums and non-exempt small businesses? It means that they must comply with the Act. We expect that FinCEN will provide a new timeline likely 20-30 days to achieve compliance. At this point, given the rollercoaster that this has been, with all the stops and starts, it is our recommendation to file with CTA and move on. Failure to do so could subject your condominium to $10,000 in fines and non-complying board members to imprisonment. The Department of Justice and FinCEN have been fighting legal challenges hard on all fronts.  It makes no sense to put your condominium at potential risk of enforcement. File now.  As of December 3, 2004, there have been ten million CTA entity filings with FinCEN. ⌛ Bottom line, it is time for your condominium and/or business to file. There is no court case that has declared condominiums exempt from filing. Let Allcock & Marcus file for you. We have a secure portal that allows you to safely transfer your information to us, so we can complete your filing. Once the filing is completed, A&M will provide confirmation. Additionally, A&M manages all amendments to the CTA filing within the following year at no cost. Our A&M portal can be accessed at the following link: https://lnkd.in/eUKT5knQ. If you have any questions about CTA or compliance, please contact Ed Allcock ed@amcondolaw.com or David Lally david@amcondolaw.com.

We are pleased to announce that Allcock & Marcus, LLC attorneys Edmund Allcock and Jake Marcus recently secured a $1.5 million settlement on behalf of a small Boston Condominium Association. The case involved claims against a developer, contractors, and suppliers for significant construction defects and resulting water damage. Ultimately, the case settled after years of litigation and negotiations. This outcome highlights our dedication to protecting the rights of our clients and achieving meaningful resolutions in complex construction litigation. Ed can be reached at ed@amcondolaw.com and you can reach Jake at jake@amcondolaw.com.

Norm Orban and Sean Regan Secure $2.66 Million Verdict for Client Following Superior Court Trial, and with Pre-Trial Interest the Verdict Exceeds $6 Million. We are pleased to announce a significant victory by Allcock & Marcus, LLC Partners Norm Orban and Sean Regan on behalf of our client, a Condominium Association in a lawsuit against a developer for construction defects. Following a three-week jury trial, Attorneys Orban and Regan convinced the Superior Court Jury that, even though suit was filed after the statute of repose had expired, a “tolling agreement” was signed where the parties agreed that they would not file suit but that the time period to file suit under the statute of repose would be extended. After the parties could not resolve their differences the condominium trust terminated the tolling agreement under the contract and filed suit which ultimately went to trial. Before, during and after the conclusion of the trial, the developer and contractor defendants made arguments that the statute of repose could not be tolled and that the claims should be dismissed. However, the condominium trust was able to defeat these arguments, and the case proceeded to trial. Included among the Condominium’s claims was a count for breach of the implied warranty of habitability and after twelve days of a trial in front of a jury, the jury found that the developer and the two general contractors involved in the construction of the condominium breached the implied warranty of habitability and awarded the condominium $2,660,000.00 in damages which became over $6,000,000.00 in a final judgment once mandatory interest was added. We extend our gratitude to our client for their patience and trust in our legal team. At Allcock & Marcus, we are dedicated to upholding the rights of our clients and providing personalized, thorough legal representation on behalf of condominium associations. This landmark outcome underscores our commitment to delivering exceptional results for our clients. Norm can be reached at norm@amcondolaw.com and Sean can be reached at seanr@amcondolaw.com.

🚨 IN LIGHT OF THE LOS ANGELES WILDFIRES, THE IMPORTANCE OF DISASTER MANAGEMENT PLANS FOR CONDOMINIUMS/COMMUNITY ASSOCIATIONS 🚨 Jake Marcus Over the past couple of weeks, thousands of acres in Los Angeles County have been burned by wildfires. Firefighters have made some progress battling the multiple wildfires but there have been deaths in what has been declared the most destructive wildfire in LA history, having destroyed thousands of structures so far. As of January 12, 2025, at least 24 people have died and over 12,000 structures have been destroyed as the nation’s top investigators continue to explore the possible origins of the fires.   The situation is tragic and our thoughts are with those impacted by this devastating emergency and natural disaster. Community Associations Institute has provided a full list of resources: https://lnkd.in/ehdQ8m_w. The effects of a natural disaster can be taxing on a community association due to the physical effects to property, economic impact, and potential emotional toll on a society. In order to lower the stress of dealing with a natural disaster, associations should formulate a risk management plan before a disaster strikes. Below are some proactive and reactive ideas all associations should consider:   - Sufficient Insurance: Analyze disaster coverage, review claims promptly, and decide whether to settle or seek further indemnification. - Ability to Pay Assessments: Proactively ensure financial readiness for disasters through proper budgeting, reserve studies, and access to loans or credit lines. - Amending Governing Documents: Generally keep governing documents updated, including provisions for disaster accountability and risk allocation. - Disaster Plan Committee: Sub-divide boards. - Risk vs. Reward: Despite thorough preparation, unforeseen challenges may arise after a disaster. Associations can still act to minimize costs and recover effectively. - Property Rehabilitation: Ensure proper contracts are in place with architects, engineers, and general contractors to oversee and estimate costs of repair. - Temporary Payment Plans - Aid to Homeowners: Risk typically falls on either the homeowner or the association, but unclear agreements can cause confusion. Clear language defining payment and coverage responsibilities, along with legal counsel and communication, helps prevent disputes. - Emergency Board Action: Some laws grant emergency powers, including evacuation procedures. If members fail to evacuate, boards should document all correspondence with non-compliant homeowners to mitigate liability for potential injury or property damage claims. - Ascertaining Extent of Damages: Evaluate the condition of the common areas on a weekly or monthly basis could help pinpoint disaster-related damages. Read more here or contact Jake Marcus at jake@amcondolaw.com: https://lnkd.in/grz2-wU7

CAI Press Release on Corporate Transparenct Act (CTA) and Allcock & Marcus assistance with drafting and filing an amicus brief with the United States Supreme Court 🚨‼️ Phoebe E. Neseth, Esq. On Jan. 10, Community Associations Institute (“CAI”) members, including Allcock & Marcus, LLC member Edmund Allcock, filed an amicus brief with the U.S. Supreme Court in Texas Top Cop Shop, Inc., et al, v. Merrick Garland, et al. This case arises from a constitutional challenge by the National Federation for Independent Business regarding the Corporate Transparency Act, a federal law requiring certain business entities to register with the Treasury Department’s Financial Crimes Enforcement Network. The case was filed in the United States District Court for the Eastern District of Texas. A preliminary injunction in the case was issued in December 2024 that paused reporting requirements under the act while the lawsuit is adjudicated. The government appealed the injunction to the Fifth Circuit, and a panel of judges affirmed the ruling. The government then filed a motion for stay with the U. S. Supreme Court. CAI’s amicus brief was filed in support of the preliminary injunction. Many community associations will be impacted by this new law and will have to file certain beneficial ownership information with FinCEN. The filing deadline for existing corporations set for Jan. 1 is currently on pause due to the injunction. The act is intended to improve detection of certain suspicious activities carried out by business entities such as money laundering and terrorist financing. CAI supports that goal but does not believe the act should apply to local, volunteer-driven, nonprofit organizations that exist with the primary purpose of maintaining communities and providing services to residents. This amicus brief allowed CAI to highlight the negative impacts the act will have on the community association industry and illustrate the act’s reach is impermissibly broad. CAI members and fellows in CAI’s College of Community Association Lawyers who drafted this critical brief are: Edmund Allcock with Allcock Marcus in Braintree, Mass.; Brendan Bunn with Chadwick, Washington, Moriarty, Elmore & Bunn, P.C. in McLean, Va., and Robert Diamond with Reed Smith LLP in Fairfax, Va. CAI continues to track movements in the federal courts over challenges regarding the act. CAI also contacted the U. S. Department of Treasury to urge an administrative delay due to the chaos and confusion created by these recent court rulings and Congress’ decision not to take legislative action to extend the filing deadline. This continues to be a developing issue. Association boards should remain vigilant and informed on these ongoing updates.

🚨 COURT STEPS UP FOR CONDOS: ASSOCIATIONS NOT OBLIGATED TO PAY FOR COMMON AREA ACCOMMODATIONS 🚨 Ellen Shapiro & Lisa Lam The Massachusetts Appellate Court in Geezil v. White Cliffs Condominium Four Association ruled that a condominium associations’ refusal to pay for modifications to make a unit handicap-accessible is not discriminatory on the basis of handicap. At White Cliffs Condominium, there existed a split-level patio exclusively designated to each unit but considered common area of the Condominium. After 17 years, the plaintiff unit owner suffered mobility issues and could no longer access her patio. She asked the association if she could make several modifications to the patio, including installing a raised step. The association approved the installation of the raised step at the plaintiff unit owner’s expense. This is the point of contention because the unit owner claims that the association is obligated to pay for her raised step and refusal to do so constituted handicap discrimination under G.L. c. 151B, § 4(7A)(1). The Appellate Court disagreed. Generally, a handicapped person is responsible for the expenses related to any reasonable modifications to make property handicap-accessible to them. However, in certain circumstances, the owner or person having the right of ownership over the property would be responsible for the reasonable modification expenses, such as in the case of publicly assisted housing, multiple dwelling housing consisting of ten or more units, or contiguously located housing consisting of ten or more units. The unit owner claims that the Condominium qualifies as contiguously located housing, and that the association, as the organization of all unit owners, owns the common areas (i.e., the patio). The Appellate Court held that for purposes of G.L. c. 151B, a condominium is not the owner or person having the right of ownership in the usual and accepted understanding of the terms “owner” and “ownership”. Instead, the Court pointed out that a condominium manages & regulates – not owns – the common areas. Although a 2010 MCAD decision held otherwise, the Appellate Court concluded that under these circumstances the MCAD “collide[d] with the plain meaning of [the] statute [and] would have to give way. The Court further ruled that the unit was not part of contiguously located housing. The statute specifically defines contiguously located housing as first and foremost “housing which is offered for sale, lease, or rental”. Because plaintiff unit owner could not show that the condominium qualified as an owner, nor could she show that the condominium constituted contiguously located housing, the cost-shifting provision of G.L. c. 151B, § 4(7A)(1) was not triggered. Thus, the condominium was not obligated to pay for the installation of the plaintiff unit owner’s requested raised step. This case is fact specific. If you have any questions, contact Ellen Shapiro at ellen@amcondolaw.com or Lisa Lam at lisa@amcondolaw.com.

𝗧𝗵𝗲 𝗖𝗼𝗻𝗱𝗼𝗺𝗶𝗻𝗶𝘂𝗺 𝗠𝗮𝘀𝘁𝗲𝗿 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗣𝗼𝗹𝗶𝗰𝘆 𝗖𝗿𝗶𝘀𝗶𝘀 - 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝟮.𝟬 🗓️ Friday, January 10, 2025 | ⏰ 10:00 AM 📌 𝗞𝗲𝘆 𝗧𝗼𝗽𝗶𝗰𝘀: • Rising costs for master policies in 2025 • Changes in coverage: high deductibles & bare walls policies • Selling your association to carriers with loss control measures • CHUBB’s Masterpiece policy & upcoming trends • Replacement cost appraisals & calculating liability coverage Don’t miss this essential session—𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿 𝗻𝗼𝘄 to secure your spot! 👉 https://lnkd.in/e2cQATiP

🚨 Condos, HOAs, and Corporate Transparency Act ("CTA") 🚨 Yes, another update related to this ever evolving situation. To that end, CTA filings are once again REQUIRED, although the requirement has been extended until January 13, 2025 (as opposed to by the end of the calendar year). Congress did not extend the filing deadline under the Corporate Transparency Act last week. Following the below ruling from the 5th Circuit Court of Appeals, the CTA reporting requirements are back in effect. If you have any questions or would like assistance in meeting the new filing deadline, reach out to ed@amcondolaw.com or david@amcondolaw.com for more information. You can also utilize our secure portal: https://lnkd.in/eUKT5knQ MORE: From the Order entered - No. 24-40792 Before Stewart, Haynes, and Higginson, Circuit Judges. Per Curiam: The Corporate Transparency Act (“CTA”) obliges certain nonexempt companies to report the identity of their beneficial owners and applicants for incorporation. 31 U.S.C. § 5336. On December 3, 2024—less than one month before the crucial January 1, 2025 reporting deadline—the district court granted Plaintiffs-Appellees’ (the “Businesses”) motion for a preliminary injunction and entered a nationwide injunction enjoining the CTA and the corresponding Reporting Rule. Id.; 31 C.F.R. § 1010.380. The district court concluded that both are unconstitutional and issued nationwide injunctions against each, despite no party requesting it do so and despite every other court to have considered this issue tailoring relief to the parties before it or denying relief altogether. The government, Defendants-Appellants, filed an emergency motion with this court seeking a stay. Because the government has met its burden under Nken v. Holder, 556 U.S. 418 (2009), we GRANT its motion for a temporary stay of the district court’s order and injunction pending appeal. #CTA #CorporateTransparencyAct #condo #HOA

🚨CORPORATE TRANSPARENCY ACT IS BACK WITH A VENGEANCE AS 5TH CIRCUIT COURT OF APPEALS STAYS NATIONWIDE INJUNCTION. FinCEN EXTENDS FILING DEADLINE TO JANUARY 13, 2025 🚨 On December, 23rd, the Fifth Circuit Court of Appeals issued a Decision staying the nationwide injunction issued by the U.S. District Court for the Eastern District of Texas earlier this month. The Court Order reinstates the beneficial ownership information filing deadline under the Corporate Transparency Act (CTA) for all community associations. Because of the rollercoaster ride, FinCEN has extended the filing deadline until January 13, 2025. While there remains a pending case in the 11th Circuit Court of Appeals involving the National Small Business Administration, as well as CAI’s case in the 5th Circuit Court of Appeals, it does not appear likely that any decisions in those cases will impact the current filing deadline. The first version of the recently passed congressional spending bill contained a one-year extension of the CTA filing deadline, to January 1, 2026, but that version was trimmed down and the extension eliminated, after heavy criticism of the bill from President Elect Trump and Elon Musk. Allcock & Marcus, LLC now urges all condominium associations, regardless of whether they are formed as a trust, corporation or unincorporated association to file their beneficial ownership filing before the January 13, 2025 deadline. Failure to do so could result in a fine of $10,000 or imprisonment. No court decision exempts any of these types of condominiums from filing. To the contrary, CAI’s case in Virginia sought an injunction for all three (3) types of entities and was Denied. Allcock & Marcus has facilitated hundreds of filings through its easy-to-use secure portal. Because of our secure portal and its built in artificial intelligence, condominium associations and property management companies have trusted and chosen Allcock & Marcus to complete their filings. Rest assured, Allcock & Marcus and its attorneys will be working around the clock and through the Holidays and beyond to ensure that your condominium meets the deadline and is free from potential fines, imprisonment and enforcement by the Federal Government. The link to A&M’s secure CTA portal can be found below. If you have any questions about CTA compliance for your condominium association contact Allcock & Marcus Attorneys Edmund Allcock at ed@amcondolaw.com or David Lally at david@amcondolaw.com A&M Secure Portal: https://lnkd.in/eUKT5knQ Court Decision: https://lnkd.in/eZ_8Znpe