New SLG Attorney Wins Important Condominium Decision

In a case handled from inception to conclusion (including argument before the SJC) by Attorney Mark Rosen, who recently joined the Schofield Law Group, the Supreme Judicial Court has ruled that an arbitration provision contained in a condominium’s governing documents does not entitle the prevailing party to an award of attorneys’ fees and costs.

The decision, which was issued on January 7, 2016, is significant because many condominium documents include provisions which require unit owners to arbitrate any challenges to the actions or decisions of the Board of Trustees. In its fourteen-page decision, the SJC held that under such circumstances an arbitrator cannot award attorneys’ fees to a prevailing owner unless the arbitration provision specifically authorizes the awarding of such fees. The decision is significant for condominiums because it reduces the exposure of arbitration if the relevant provision is silent as to the issue of attorneys’ fees.

To learn more about this decision or to obtain a copy, please contact Mark Rosen at mark@schofieldlg.com

Also, please visit our website at www.schofieldlg.com

Mark Rosen Joins SLG

As we celebrate our 12th Anniversary, we are pleased to announce that we are continuing to grow and expand our capacity to serve our clients. With the addition of Mark Rosen, an experienced litigator and condominium lawyer, we now have five lawyers with a broad range of experience providing sophisticated and responsive legal services.

Mark has over 40 years of experience as a litigator and condominium attorney. He has represented clients in various types of civil and commercial litigation. Mark also has vast experience representing condominium associations and property managers in all aspects of operating residential and commercial condominiums.

Mark is a past Chair of the Boston Bar Association’s Insurance Law Committee and the Solo and Small Firm Practice Section. He is also a past Chair of the Attorneys’ Committee of the Community Association Institute – New England Chapter, a trade association of condominium leaders and professionals.

Mark is a 1976 graduate of the University of Minnesota Law School. He is licensed to practice in Massachusetts and is admitted to practice before the Federal District Court of Massachusetts, the First Circuit, and the United States Supreme Court. Prior to moving to Boston in 1989, Mark practiced law in Minneapolis and Chicago.

In addition to his professional activities, Mark has served on the building committees for the renovation of the elementary and middle schools in Needham, Massachusetts, where he resides with his wife and two children. Mark currently serves on the Traffic Management Advisory Committee for the Town of Needham. Mark has also provided representation on a pro bono basis to individuals on a wide range of legal matters. Mark is active in many social action projects both through his synagogue (of which he is a past president) as well as a volunteer for community projects to help the disadvantaged.