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On the Commons with Stephen Marcus Print
Over the years Americans have been told that involuntary membership residential associations protected values.  People believed it and were willing to give up rights they normally had in exchange for the promise of higher values.  Gradually associations controlled more and more aspects of the units.  Is there a line that should not be crossed or will associations be allowed to control every aspect of an owner’s life?
Joining us On The Commons this week is Stephen Marcus.  Steve is an attorney in Massachusetts who represents condominiums.  On his firm’s web page there is a write up of a Maine Supreme Court decision  about a condo’s smoking ban in private units.  I wondered if there was a line associations wouldn’t cross so I asked Steve to join us and talk about it.  Tune in to hear what he has to say and where my question led us.    Listen to Stephen Marcus   

User Comments

Comment by GUEST on 2013-10-11 03:37:40
Hmmm. Too bad you didn't ask him about another case his firm was involved in. 
Warren Clarandon Condominium vs. Jose Cotto 
The Superior court had ordered Mr. Cotto's home SOLD to pay the more than  
$60,000 dollars in fines that Mr. Cotto had accrued for...get this....feeding the birds! 
But it gets better....he was feeding the birds OFF condominium property. 
Fortunately (for Mr. Cotto), one of the best law firms in Boston took his case Pro Bono 
And had this aberrant result killed in the Appeals Court. 
But as we all know, win lose or draw, the attorneys for the association still got paid. 
Perhaps the best question asked would be “how do you sleep at night?” 
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