Condo Media - June 2013 - 34

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Feniger & Uliasz, LLP
Full-Service Legal Representation for New Hampshire & Massachusetts
by Pamela Schweppe

uppose you are a property manager or trustee for an association
in the ski resort area of the White
Mountains of New Hampshire.
One of your unit owners has a vacation
unit in your complex but a permanent
residence in Massachusetts. And this unit
owner has decided to sue you — not in
New Hampshire, where you are located,
but in Massachusetts. What do you do?
For one association, the answer was to
turn to Feniger & Uliasz, LLP. Headquartered in a beautifully restored Victorian building in Manchester, N.H., the
law firm appears to be the quintessence
of small-city New England. But make
no mistake. They are fully equipped to
go head to head with any high-powered
Boston law firm.
That’s exactly what they did in the case
of the vacation resort complex. “There
are dramatic differences between New
Hampshire and Massachusetts, not only
in their condominium statutes, but also
in the way the court systems function,”
says Michael Feniger, a named partner of
the firm. “Having an intimate knowledge
of the legal system in both states is very
important, because litigation often crosses
state lines in the world of condominium
ownership, particularly in New England
where states are small and borders close.
Because we’re comfortable with the legal
system in both states, we were able to get
the case dismissed for lack of jurisdiction.”

Good Old Yankee Ingenuity

The firm maintains satellite offices in
North Andover, Mass., and Dover,
N.H., and that dual-state expertise is a
huge benefit for the clients they represent. Because the attorneys of Feniger &
Uliasz are licensed in both states, they
don’t have to refer cases from one state
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to another, which means they’re already
familiar with the associations they represent, as well as their property managers
and board members. And they’re also
well versed in the various courts — District, Superior, Federal, and Appellate —
in both states.
And what a complex specialty condominium law has become! “A condominium association is a microcosm of
any city or town in one little package,”
Feniger explains. “It’s trying to govern
itself within a set of rules and with all the
same problems a government has, but at
a microscopic level. It’s fascinating!” To
keep up, the staff of Feniger & Uliasz
stays on top of a variety of functions,
from real estate and commercial law to
environmental and financial issues.
One client who appreciates that
comprehensive level of expertise is David
Rogers, treasurer of St. Mary’s Condominiums in Hooksett, N.H. An attorney
himself, Rogers also serves as a hearing
officer for the New Hampshire Department of Labor and appreciates the value
of a diversified skillset.
Like other associations, St. Mary’s has
faced a number of legal issues over the
years, ranging from personal injury and
litigation to unit owner bankruptcy and
collections. Rather than working with
different lawyers on different kinds of
cases, the board decided to consolidate
their legal representation under one New
England roof. The firm they chose was
Feniger & Uliasz.
As an attorney, Rogers serves as the
board’s liaison with the firm, and he is
impressed by the way the attorneys of
Feniger & Uliasz communicate not only
with someone like him, who understands
legal terminology, but also with the
rest of the association. “They cut to the

chase,” he says. “We’re very pleased with
their service.”

Exceptional
Financial Expertise

Another client who relies on Feniger &
Uliasz in a variety of areas of expertise is
Thomas Ducharme, president of Evergreen Management of Bedford, N.H.,
who is especially impressed by Feniger
& Uliasz’s attention to detail — for
example, in the matter of collection. “Say
an attorney is supposed to send out the
30-day collection notice,” he says. “You
check with the guys at Feniger & Uliasz,
and five days after the 30 days, they’re filing a court appearance. With some other
attorneys, you have to follow up and
remind them. Over the years, Feniger &
Uliasz has kept up with their promises in
terms of performance.”
Financial issues, including collections, are a particular area of expertise
for Feniger & Uliasz. At the start of his
career, Feniger worked for Travelers’
Insurance Company, principally in Massachusetts. “Insurance is a big issue in
the world of condominiums,” he says.
“Knowledge of coverage and claims
management is vital in addressing the
coordination of benefits between unit
owner and association policies when a
loss occurs.”
The firm also has in-depth knowledge
of financing regarding condominiums.
“We know how to help associations get
financing for renovations, repairs, and
improvements other than through special
assessments, which are often painful to
unit owners,” Feniger says.
He points out further that, when banks
or other lenders are going to lend money,
they need to be sure there’s someone
with the authority to bind the association

Condo Media - June 2013

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