Moriarty Bielan & Malloy LLC

Join the South Shore Committee for Yoga at Capella Yoga, followed by casual beers at Break Rock Brewing! When: Mar 22nd ■ 12:00 PM- 02:00 PM Where: 540 Victory Rd, Quincy, MA 02171 12PM - 1PM: Yoga at Capella Yoga 1PM - 2PM: Local Brews at Break Rock Brewing RSVP- https://lnkd.in/erzG-ttR

News Alert: Treasury Department Announces Suspension of Enforcement of CTA Against Domestic Reporting Companies In what hopefully marks the end of the Corporate Transparency Act (CTA) saga, on March 2, 2025, the Treasury Department announced that it will not enforce any penalties or fines against U.S. citizens or domestic reporting companies, the latter of which would have arguably included condominium associations, for opting not to file Beneficial Ownership Information with FinCEN. The Treasury Department has indicated that it will be issuing a proposed rulemaking that will narrow CTA’s scope to foreign reporting companies only. You can access the press release here:?https://lnkd.in/g4eGb8yB. In light of the foregoing, there is no need for condominium associations to file Beneficial Ownership Information with FinCEN. Should you have any questions, please do not hesitate to contact our office.

We are happy to welcome back Liz Lake to MBM. Liz will be working out of the firm's Quincy office, where she will focus her practice on real estate, land use and zoning, and condominium litigation. You can reach Liz at [email protected].

News Alert: CTA Reporting Due March 21, 2025 Following a recent court ruling staying a nationwide injunction, FinCEN has issued guidance providing that the new deadline to file an initial, updated, and/or corrected Beneficial Ownership Interest (BOI) report is now?March 21, 2025. ? While it remains an open question whether condominium trusts and associations formed by means other than filing documents with the Secretary of State are even subject to the Corporate Transparency Act (CTA), given the relative ease with which information can be reported to FinCEN, we recommend that all condominium trusts and associations take the most conservative approach and file their BOI report by the March 21st?filing deadline. ? Condominium trusts and associations can readily upload the requisite information to FinCEN through MBM’s website using the following link:?https://lnkd.in/ezVh-rbd. ? We will continue to monitor updates relating to CTA, including advocacy efforts and court filings, and keep our clients apprised of any and all pertinent information. ? Do not hesitate to reach out to any MBM attorneys should you have any questions or concerns.??

SJC Upholds MBTA Communities Act In a written decision issued on January 8, 2024, the Massachusetts Supreme Judicial Court upheld the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the “Act”). The Act was adopted by the Massachusetts legislature in January 2021, in an effort to create additional housing in the Commonwealth. The Act requires that each “MBTA community” have at least one zoning district of “reasonable size” in which multi-family housing is permitted as of right. There are specific criteria for what constitutes an “MBTA community” and how a district of “reasonable size” is defined, but in general, the Act covers all cities and towns that are serviced by the MBTA, which is approximately 200 cities and towns. A map showing the current MBTA communities is below. As you can see, it covers essentially every city and town east of Worcester, excluding most of the Cape and several smaller towns. In short, the Act impacts essentially every town and city in the Greater Boston area and beyond. Read the full article: https://lnkd.in/eSjFbDHt

Best Practices to Ensure Your Community Is Prepared to Enforce a Lien in 2025. No condominium association wants to pursue a unit owner for unpaid common area charges. If and when your association is faced with doing so, however, the more prepared you are, the better. This article provides helpful tips to ensure the lien enforcement process is as smooth as possible for everyone involved. Happy New Year and best wishes to all; and remember that MBM is always here to answer any questions you may have. Read the full article: https://lnkd.in/e-QkK_yN

Selling Your Condominium? Don’t Forget About the Resale Fee! Increasingly, condominium boards are adopting resale fees (or transfer fees) to be assessed in connection with the sale of units in their communities. In a recent decision, Alves v. Clarendon Condominium Trust, Suffolk Superior Court Civil Action No. 2384CV01771-BLS2, the trial court considered whether a claim for declaratory judgment concerning the validity of such resale fees asserted by two former unit owners at The Clarendon Condominium (“Condominium”) should survive cross-motions for judgment on the pleadings – that is, whether the claim sufficiently states a claim suggesting an entitlement to relief.?In denying the motion of the Clarendon Condominium Trust (“Condominium Trust”), which argued that the unit owners did not sufficiently state a claim for declaratory judgment, and in denying the cross-motion of the unit owners, which argued they are entitled to a declaration as a matter of law, the trial court left open the issue to be resolved on another day, upon a complete factual record. Read the full article: https://lnkd.in/eMfJDsbU

Breaking News! CTA reporting requirements are stayed - AGAIN - as the Fifth Circuit Court of Appeals issued an order on December 26th, which vacates its previous decision to stay the district court's injunction enjoining enforcement of the CTA and its reporting requirements. Moriarty Bielan & Malloy LLC will continue to keep you updated.

Moriarty Bielan & Malloy LLC's Principal Thomas Moriarty will be the featured speaker at Community Associations Institute - New England Chapter (CAI-NE)'s December 19th webinar about dealing with rogue board members and unit owners. Tom will offer practical tips and suggestions based on his decades of advising associations. Please register and join us!

??????'?? ???????????????? ???????????? ?????????????? ???????? ???????????????????? ???? ?????? ???????????????? ???????? Congratulations to?MBM?Principal Kimberly Bielan on her invitation to join The Abstract Club! Established over 150 years ago, The Abstract Club is an exclusive group of top real estate attorneys, with membership capped at 100 lawyers in Massachusetts and granted by invitation only.?This honor reflects Kim's leadership and expertise in the industry.