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.

🚨 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

🎄✨ Merry Christmas, Happy Hannukah, and Season's Greetings from our Allcock & Marcus, LLC family to yours! ✨🎄 As we embrace the warmth of the holiday season, Allcock & Marcus extends our heartfelt wishes to our incredible community of clients, colleagues, and friends. 🌟 🎁 May your homes be filled with joy, your hearts with love, and your spirits with laughter during this festive time of the year. Reflecting on the year, we are grateful for the trust you've placed in us as we've grown together. Your support has been the cornerstone of our success, and we are excited for the journey ahead. Here's to the magic of Christmas, the joy of the holidays, and the promise of a new year filled with prosperity and shared accomplishments. 🥂 Wishing you all a Merry Christmas and a joyous holiday season! Warmest Regards, The Allcock & Marcus Team🎄🎉 #MerryChristmas #SeasonsGreetings #HolidayJoy #AllcockAndMarcus

Elf in the Shelf in the Allcock & Marcus, LLC office means the Elf wears Patriots gear and is surrounded by suits and ties.

As Allcock & Marcus, LLC continues to grow in the Sunshine State, feel free to visit A&M members Jake Marcus and Tiffany Marzouk at Booth 303 at the South Florida Cooperator Expo to learn more about how we’re supporting community associations with legal representation, innovative solutions, and industry expertise. You can also reach us at jake@amcondolaw.com. We look forward to connecting with you!

Corporate Transparency Act (CTA) Update for Community Associations Thanks to a morning update from our friends at Allcock & Marcus, LLC, I'm happy to share that a TX court issued a nationwide preliminary injunction against the enforcement of the CTA yesterday. From page 78-79 of the Texas federal judge's Decision: CONCLUSION Plaintiffs have satisfied all prerequisites for a preliminary injunction. The Court has authority to issue the injunction Plaintiffs seek under Federal Rule of Civil Procedure 65(d).  My non-attorney friends can put themselves to sleep reading the rest here: https://lnkd.in/gJvr_YQ2 More to come, but this is a good first step.

This year, Allcock & Marcus, LLC is thankful for the trust and support of our clients, colleagues, and community. Have a Happy and Healthy Thanksgiving.