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September 2016 Archives

Agreement Entered Into When Developer Controlled the Board Is Enforceable Against Massachusetts Condo Association

Property developers sometimes enter into agreements for the benefit of the development. Both the Uniform Common Interest Ownership Act (UCIOA) and the Restatement (Third) of Property: Servitudes allow the condominium board to terminate certain agreements made by the developer, but Massachusetts has not adopted either. Therefore, in the recent case of Sewall-Marshal Condominium Association v. 131 Sewall Avenue Condominium Association, the appeals court considered a contract entered into by the developer in light of the Massachusetts Condominium Act.

Massachusetts Supreme Judicial Court Upholds FMLA Retaliation Verdict

Eligible employees may take unpaid leave for up to twelve weeks during a twelve-month period for "a serious health condition" that prevents the employee from performing her job functions, pursuant to the Family and Medical Leave Act ("FMLA"). 29 U.S.C. § 2612. The employee generally must be returned to the same or an equivalent position. 29 U.S.C. § 2614. The law also protects the employee from retaliation or discrimination.

Massachusetts Appeals Court Includes Income in Child Support Calculation Despite Mother's Waiver of Interest

file000950486984-300x225.jpgChild support in Massachusetts is determined using the Massachusetts Child Support Guidelines. There is a rebuttable presumption that the guidelines apply to all child support cases, whether they are establishing a new order or modifying an order that is already in place. Massachusetts law requires that child support orders be modified if there is an inconsistency between a current child support order and the amount that would result from the application of the guidelines. G.L. c. 208, § 28. The Massachusetts Appeals Court recently considered whether a mother's waiver of interest in income from vested restricted stock units prevented that income from being included in the child support calculation in Hoegan v. Hoegan.

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