Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

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Affordable Housing Covenants Have Protected Status in Foreclosures

Posted in Affordable Housing, Condominiums, Foreclosure, Restrictive Covenants

The Boston Redevelopment Authority d/b/a Boston Planning and Development Agency has the right to challenge a foreclosure that purportedly terminated a covenant restricting the use of property to affordable housing. In allowing the BPDA’s suit to move forward, the Business Litigation Session of the Suffolk Superior Court recognized two truisms of Massachusetts foreclosure law. First,… Continue Reading

Breaking: SJC Issues Important Affordable Housing Decision

Posted in Affordable Housing, Zoning

The Supreme Judicial Court (SJC) today issued its decision in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee.  This decision affirms a decision of the Housing Appeals Committee (HAC) that overturned the Lunenburg Zoning Board of Appeals’ denial of a comprehensive permit for a 146-unit condominium project.  Among the topics the SJC addresses are whether non-subsidized affordable housing counts toward… Continue Reading

Appeals Court Clarifies Powers of Association Trustees

Posted in Condominiums, Miscellaneous, Restrictive Covenants

Association trustees are batting .500 in two recent and colorful Appeals Court decisions.  Trustees of a homeowner’s association got on base in Rawan v. Massad (pdf), in which the defendants, Mr. and Mrs. Massad, decided to help their son and others in the community “play ball” by creating a regulation baseball diamond on their property.  The town had only one other ballfield, and the… Continue Reading