Condo Media - May 2013 - 45

“We do it all, from the simple to
the sophisticated,” agrees fellow Davis
Malm shareholder Robert J. Galvin.
A case in point is an urban association
managed by Mediate Management
Company of Boston. According to
Mark Mediate, president of Mediate Management, the original condominium documents hadn’t been
written properly, resulting in confusion
around the rights of the three units on

Galvin was brought in and was instrumental in resolving the situation, which
involved obtaining permission from the
Back Bay Architectural Commission, creating a Grant of Limited Common Area
arrangement for the henhouse that infringed on public space, revising the documents, and getting the owners of abutting
units to sign off on the deal. “It’s a great
firm. I use them a lot,” says Mediate. “We
have a nice working relationship.”

Davis Malm & D’Agostine is fully staffed to serve your legal needs. Shown clockwise from far left: shareholders Sandy Moskowitz,
Paul Feldman, Howie Speicher, Amy Fracassini, Bob Galvin, and Gavin Cockfield. Other Davis Malm condominium attorneys (not shown)
include Josh Grossman, shareholder; Neal Bingham, associate; Jim Gallagher, associate; and Kendra Kinscherf, associate.

the top floor of the Commonwealth
Avenue property. The original document granted these owners the right
to enclose the roof area. “The documents intended an enclosure to mean a
fenced-in deck area,” Mediate explains.
But, thanks to ambiguities in the original document, the owners of two of the
three units built henhouses on the roof
instead. Complications ensued when
the unit owners sought permission to
improve the structures.
“We had to navigate getting the
documents consistent with what was
there,” Mediate explains. “It was a
long, drawn-out process, because one
of the henhouses was built on what was
common space, so it was a particularly
difficult situation.”

Writing the Book on
Condominium Law

It’s not surprising that Galvin had the
skills to negotiate the problem. After
all, you might say he wrote the book
on condominium law — literally. He
is the co-author and editor of Massachusetts Condominium Law (written
in 1988 and updated in 2010) and the
author of the condominium chapter
in Crocker’s Notes on Common Forms
(written in 2006 and updated in 2010),
which Moskowitz claims is the “Bible
of the real estate industry.”
The attorneys at Davis Malm have also
been involved in legislative issues, including passage of the 1993 “super lien”
statute that gives associations leverage
over banks in collecting unpaid fees.

And they are active members of the
New England chapter of the Community Associations Institute, where networking and sharing best practices with
colleagues on the Attorneys’ Committee and other groups helps them keep
abreast of ever-changing condominium
laws — always with doing what’s best
for the client in mind.

Outnumbered, But
Not Outgunned

Another way that Davis Malm focuses
on doing what’s best for the client is by
keeping the staff “lean and mean,” as
shareholder Amy L. Fracassini describes
it. In that way, shareholders can remain
closely in touch with the clients they
represent.
Galvin recalls a story that summarizes
that philosophy. In that case, litigators
for the firm were battling against attorneys from Boston’s and New York’s
largest law firms in what was to become
a landmark case. At one point, an
observer counted 19 of their attorneys
in the courtroom to three for Davis
Malm and told the Davis Malm team
that it was outnumbered. In response,
one of the firm’s litigators proclaimed,
“Outnumbered, but not outgunned.”
Davis Malm went on to win the case
and achieve for its client a judgment
that for many years was the largest in
Massachusetts history.
That story captures the essence of the
firm, which celebrates the artist Frederic Remington for his stirring depictions
of the pioneers of the Old West. To
the shareholders of Davis Malm, that is
the spirit everyone in the firm brings to
their work: teamwork, independence,
resourcefulness, and dedication.
As Moskowitz puts it, “We pride
ourselves on having the ability to help
owners and developers meet whatever
their demands are and assist them with
whatever issues they face. We’re able to
handle any issue.”
For more information about how your
association can benefit from Davis Malm
& D’Agostine’s expertise, call (617)
367-2500, or visit www.davismalm.com.
Condo Media • Advertisement

http://www.davismalm.com

Condo Media - May 2013

Table of Contents for the Digital Edition of Condo Media - May 2013