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.

Allcock & Marcus, LLC March Madness Pool ?? FREE Entry and Great Prizes ?? Chance to win $300, $200, and $100 gift certificates from place of your choosing: TopGolf, Yard House, or Ocean Prime. Follow the below link and complete your March Madness Bracket by TODAY Thursday, March 20, 2025 at Noon EST! https://lnkd.in/ehzu8PyB

Allcock & Marcus, LLC’s Chief Information Officer, Stephen Marcus, was quoted in The Wall Street Journal this week as it relates to the Fannie Mae Blacklist and its growing numbers. He notes there are 5,175 condominium associations on the list (as of March 11, 2025), which is 288 more condominiums than the last version (4,887 on February 5, 2025). For states that Allcock & Marcus practices, Florida has by far the most blacklisted condominiums in the nation at 1,438 (40 more from the last month’s list). Florida makes up almost 30% of the Blacklist. ? Comparisons from March 11, 2025 vs February 5, 2025 ?? ? FL: 1,438 vs. 1,398 (2.78%)… 40 condominium increase … comprises 27.7% of the list ? MA: 106 vs. 101 (4.7%).. 5 condominium increase ? ME: 16 vs. 14 (12.5%)… 2 condominium increase ? NH: 34 vs. 34 (0%)… ? RI: 18 vs. 18 (0%)… (California continues to increase at the greatest rate… CA: 733 vs. 695 (5.18%) … 38 more) There are several delineated reasons that land a condominium on the Blacklist and Allcock & Marcus members are here to help let you know whether you are on the list. If you are on the list, our Firm can come up with strategies to get you off the list. And, even if you are on the list, the word of caution is that this number continues to increase and an association is not in the clear. We recommend contacting us for general inquiries to check if you are on the list at [email protected] or contact A&M’s Florida Office Managing Partner, Jake Marcus at [email protected], the Firm’s Managing Partner, Edmund Allcock at [email protected], or Stephen, the CIO at Stephen Marcus to get help in assessing you situation by way of legal counsel where we can look into best solutions and possibly needing engineers, reserve specialists, managers, etc. To that end, the Blacklist is growing on a daily basis and it's always good to proactively check on this. No state is immune but Florida for example has a slew of condominium issues occurring, so it makes sense to do a temperature check on the status throughout the year. Allcock & Marcus, LLC would be able to assist with an analysis of your present situation at least by way of the condominium documents, recent assessments, inspection reports, lender questionnaires, meeting minutes related to the condominium, among other items on a case-by-case basis. Once a full analysis is completed, we could determine if the condominium is in good structural and financial shape, strategies to get your condominium off the Blacklist and/or let you know if it is potentially at risk of being added and solutions to avoid being added to the list.

Allcock & Marcus, LLC Chief Information Officer, Stephen Marcus, quoted in The Wall Street Journal regarding the Fannie Mae Blacklist and its continuing growing numbers. Read more below:

?? Holiday Cheers… Fashionably Late! ?? Allcock & Marcus, LLC members recently (in January) gathered at Empire Seaport for a fantastic dinner to celebrate the holidays and another successful year together as a firm. Sure, it’s a bit late, but at what point does it become unacceptable to say "Happy New Year"? ?? The night was filled with great food, laughter, and memories that remind us of just how grateful we are for our amazing team and all we accomplished in 2024. Cheers to more milestones, more success, and more celebrations in 2025! Edmund Allcock Norm Orban Sean Regan Ashley Paiva David Lally Sarah Bierman Dina Pepjonovich Jake Marcus Jake Maloney Ellen Shapiro Gina D. Kasey Birth Lisa Lam Rhonda Duarte Sean Tiernan Stephen Marcus Tiffany Marzouk

??TRUMP ADMINISTRATION SAYS THAT IT WILL NOT ENFORCE THE CORPORATE TRANSPARENCY ACT ("CTA") AGAINST DOMESTIC ENTITIES, JUST FOREIGN COMPANIES?? The Financial Crimes Enforcement Network (FinCEN) announced on, February 27, 2025, that President Trump’s administration would not be issuing fines, penalties, or take any other enforcement actions against entities that do not comply with the Corporate Transparency Act’s reporting requirements by the current, extended deadline of March 21, 2025, while it takes time to issue new rules and regulations to narrow the scope of the application of the CTA. Last evening, the Treasury Department announced that it will not enforce any penalties or fines against United States citizens or domestic reporting companies even after FinCEN’s forthcoming rule changes take effect. U.S. Secretary of the Treasury, Scott Bessent said: “This is a victory for common sense.?Today’s action is part of President Trump’s bold agenda to unleash American prosperity by reining in burdensome regulations, in particular for small businesses that are the backbone of the American economy." President Trump tweeted, in part last night: "Exciting news!?The Treasury Department has announced that they are suspending all enforcement of the outrageous and invasive Beneficial Ownership Information (BOI) reporting requirement for U.S Citizens.?This Biden Rule has been an absolute disaster for Small Business Nationwide.?….. The economic menace of BOI reporting will soon be no more." Thus it appears that the President Trump has decided to take the teeth out of CTA, at least for now.?That said, the law is still technically on the books and unless declared unconstitutional or repealed by Congress it does have the ability to resurface in the future depending on politics. ? Allcock & Marcus, LLC believes that CAI’s diligent nationwide legal battle against CTA’s application to condominiums, HOA’s & Coops has helped convince our leaders that CTA lacked “common sense”.?A&M lawyers filed amicus briefs on behalf of CAI?in Alabama and Texas federal & appellate Courts as well as in the United States Supreme Court relative to harms posed by CTA to condos, HOA’s and Co-ops.?A&M also participated in a lawsuit CAI filed against the United States on behalf of all condos, HOA’s and co-ops in Virginia Federal Court. At the same time A&M served local condos by providing a secure & efficient method (secure portal and AI generators) to comply with the law.?So for now (and perhaps for four years), it appears once again that condos, their boards and property managers can rest easy, as the whole compliance concern stemmed mainly from the potential for fines & imprisonment.?Hopefully, this is the end of CTA as we know it, although there is already scuttlebutt about some Senators suing the President & the Treasury to require enforcing the CTA law passed by Congress. A&M will of course continue to provide legal updates about CTA & areas affecting condos, HOAs & coops.

?? Corporate Transparency Act ("CTA") Filing is Back On?? In the never-ending back-and-forth saga, the new filing date for entities, including Condominium Boards, is BACK ON with a new FinCEN reporting deadline of March 21, 2025. On February 17, the United States District Court for the Eastern District of Texas granted the government’s motion for stay a nationwide injunction halting enforcement of the Corporate Transparency Act in Smith v. United States Department of Treasury. Due to this new court order, reporting requirements under the act are reinstated for community associations. ?? Allcock & Marcus, LLC is staying apprised of next steps and compliance requirements. However, we advise entities, including community association/condominium/HOA Board Members and Trustees, to FILE TODAY. To assist with filing, A&M has constructed a secure portal which can be found here: https://lnkd.in/eUKT5knQ. And while you may be tempted to report/file yourself, the problem with CTA reporting/regulation is management and monitoring.?It is difficult for managers/boards to manage filings. It requires collecting personal information, drivers licenses from board members.?It can be like herding cats.?A secure portal is needed for the transfer of private identifying info due to concerns and potential liability of identity theft.?Then comes monitoring.?There are various triggers as to when a Board needs to amend its filing, including when someone updates their license.?There are penalties, fines and potential imprisonment.?A&M manages and monitors all of this with the help of its portal which contains built in AI. A&M is dedicated to the protection of communities interests throughout the country. Contact Managing Partner, Edmund Allcock, who will be able to assist with any questions and what is expected for filing purposes for Condominiums, HOAs, and other entities not subject to exemption. A&M Associate, David Lally will also be able to assist with filing. Ed and David are available at [email protected] and [email protected].

This past week, Allcock & Marcus, LLC members had the opportunity to attend the Community Associations Institute (CAI) Law Seminar in San Antonio. As always, this year’s event was filled with insightful discussions, valuable connections, and fresh perspectives on community association law. Huge thank you to the organizers, speakers, and everyone who made this conference a success! Phoebe E. Neseth, Esq. and Dawn Bauman went above and beyond. The event kicked off with the College of Community Association Lawyers (CCAL) welcome reception, where attendees enjoyed a Texas-style meal, drinks, and atmosphere. The speaking portion the following day included a special moment as 2024 CCAL President, Brendan Bunn passed the President’s torch to Dan Miske, marking a new chapter for CCAL leadership. The 750+ attendees were also moved by an inspiring keynote speech from the founder of the California Innocence Project, reminding us of the power of justice and perseverance. A major highlight was the recognition A&M's, Managing Partner, Edmund Allcock received as he was honored multiple times for his leadership and involvement in the Corporate Transparency Act (CTA)—a landmark legislative effort. One speaker even called Ed and others involvement “possibly the most historic legislative effort ever for CAI.” The impact of this legislation is truly historic in nature, and it was inspiring to see its significance recognized on such a big stage. We will see where CTA ends up, Vel Non. Throughout the week, many speakers provided valuable insights in our field. The Case Law Update featured the latest developments in community association law from Kevin Hirzel, Elina Gilbert, Anthony L. Rafel, CCAL, and Hope Carmichael, setting the stage for critical discussions throughout the conference. A&M's own Norm Orban, along Cyrus Koochek, delivered a thought-provoking presentation on the future of electric vehicles, sparking one of the many great conversations about what’s ahead for community associations. Congratulations to Steven Weil who received the Don Buck Lifetime Contribution Award, the most prestigious honor given by the CCAL. CEO of CAI, Tom Skiba, was recognized for his visionary leadership, as he is set to retire this summer. More congratulations to friends of the firm, Scott Eriksen, who was recognized as a newly inducted CCAL Member, and Michael Luzzi, EBP, CIRMS, who was honored as a CIRMS. A particularly meaningful moment was CAI’s tribute to the late Charlie Perkins of Perkins & Anctil, P.C. Attorneys at Law, honoring his contributions to the industry with a moment of silence. His impact on community association law and those who knew him will not be forgotten. San Antonio, and the people we were able to connect with further or meet, you did not disappoint—great insights, great company, great takeaways & Texas flair. Looking forward to applying what we’ve learned & keeping the conversation going! Until next time. ?? Jake Marcus David Lally #WeAreCAI

? 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?[email protected]?or David Lally?[email protected].

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 [email protected] and you can reach Jake at [email protected].