Clive D. Martin

Counsel

  • Overview

    Biography

    Clive Martin's practice includes the many forms of litigation that arise in the real estate context, from title problems to development disputes to construction claims and everything in between, with a particular focus on condominiums and the people who develop, manage, and live in them. He also practices in the areas of creditors' rights, collection, bankruptcy, and general business litigation. He is a member of the firm’s Business Litigation Group.

    Condominiums

    Mr. Martin assists clients  by handling all condominium-related legal matters, including disputes between and among developers, lenders, associations, management, and residential and commercial unit owners. His clients include condominium associations and their trustees, from suburban two-unit residential condominiums to downtown Boston luxury mixed-use condominiums; homeowner associations, including golf communities; banks lending to condominium developers and associations; management companies; residential and commercial unit owners; and individuals living in all types of common ownership communities.

    Mr. Martin provides knowledgeable and seasoned counsel to clients with all types of condominium-related legal issues, including commonly disputed claims over condo documents, operations, contracts, budgets, and governance. Mr. Martin has a proven record of success in these areas, whether out-of-court, in alternative dispute resolution forums, or in litigation. As the long-time co-chair of the Condominium Law and Practice Section of the Real Estate Bar Association of Massachusetts (REBA), Mr. Martin is one of the leaders of the Massachusetts condominium bar. He recently authored an amicus curiae brief to the Massachusetts Supreme Judicial Court in a case of great economic significance to condominiums, in which the right of associations to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.

    Collections 

    Mr. Martin is experienced in the assertion of creditors' critical prejudgment rights, including real estate and trustee attachments, reach and apply orders, and the appointment of keepers for contested assets. He handles collection matters in state and federal courts, including stay relief and adversary proceedings in bankruptcy, as well as fraudulent transfer, nondischargability, and avoidance claims.

    Mr. Martin uses his extensive knowledge and experience of Massachusetts’ pre-judgment remedies to obtain judgments, executions on judgments, and payment on judgments for creditors with claims against persons and entities who fail to pay their debts. Mr. Martin has experience handling complex cases involving large sums. In one recent case involving a multi-million dollar foreign judgment, Mr. Martin’s efforts resulted in the attachment of real and personal property in Massachusetts, which led to a favorable settlement with one defendant and civil contempt (and eventual imprisonment) of another.

    Real Estate and Business Litigation

    Mr. Martin provides representation  across the spectrum of real estate matters, such as actions regarding title, easements, mortgage defaults, liens, foreclosures, insurance claims, forfeited deposits, lender liability actions, and landlord-tenant disputes. Mr. Martin’s advice is geared to avoiding expensive litigation if at all possible, but he is ready, willing and able to pursue court remedies if reasonable efforts do not result in an acceptable outcome for the client. Mr. Martin regularly achieves positive results for clients. In a recent dispute involving a large suburban residential development, he reached a favorable resolution of an abutting bank’s claim to have an easement right to use the development’s parking garage.

    Community Involvement

    In addition to being the long-time co-chair of REBA’s Condominium Law and Practice Section, Mr. Martin is a frequent speaker on condominium matters at professional conferences and legal panels, and writes on condominium matters. Mr. Martin was born and raised in England, where he also attended college. He obtained his law degree after moving to the United States and became a United States citizen in 2008.

    Mr. Martin has been active with the Discovering Justice “Stand Up for Your Rights” program, which involves teaching Boston middle school students about the U.S. Constitution, courts, and the judicial system, and coaching them to present oral arguments in courtrooms before actual judges.

    Mr. Martin has been selected to the Massachusetts Super Lawyers list since 2015.

  • Experience
    • Experience

      Experience

      • Battery Wharf Master Condominium Association, Boston. Counsel to the managers of a mixed-use commercial, hotel and residential condominium on the Boston harborfront.  Resolved claim against window supplier resulting in the replacement of all the windows in the four buildings of the complex. Currently handling claim against supplier of one thousand exterior stainless steel panels on every balcony at the complex, which are corroding.

      • Whittier Place Condominium, Boston. Counsel to the trustees of a 400+ unit condominium on the Charles River riverfront. Representation includes working with the trustees to interpret the condominium documents, counseling on the conduct and procedure for elections, advice regarding budget deficits, implementing special assessments and board member fiduciary duties, reviewing contracts with vendors, and prosecuting lien actions against unit owners.

      • Millennium Place Ritz-Carlton, Boston. Counsel to the managers of a new construction 132-unit, high-rise residential condominium during transition from developer to unit owner control. Matters include litigating against the developer over the construction of the parking garage and other claims regarding construction, engineering, and accounting deficiencies; and advising the Board as to management agreements and contracts, relationships between the residential and commercial condominiums, condominium governance and operations, including a successful vote to make the entire condominium smoke-free; and lien lawsuits against unit owners.

      • Union Wharf Condominium, Boston. Counsel to the board of a 90-unit condominium on the Boston waterfront. In addition to interpreting the condominium documents, handling the construction and maintenance problems of a waterside community, advising on board member fiduciary duties, reviewing contracts with vendors, and prosecuting lien actions against unit owners, representation includes litigating and settling a disputed condominium election.

      • Authored amicus curiae brief for Real Estate Bar Association of Massachusetts (REBA) in Supreme Judicial Court case of great economic significance to condominiums, in which the right of associations under the condominium statute to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.

      • Litigated and settled fiduciary and construction claims against developer of Millennium Place North High-Rise Condominium, Boston.

      • Successfully defended condominium board accused of accounting malfeasance and breach of fiduciary duties.

      • Successfully defended condominium board members sued for defamation by their former management company for the contents of a negative Yelp review.

      • Litigated and settled claim against large condominium development by abutting owner arising from title dispute where abutter claimed an easement right to enter and use the condominium’s parking garage.

      • Litigated and settled claim against condominium trustees over the conduct of a condominium election.

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    • Professional Associations

      Professional Associations

      American Bar Association

      Boston Bar Association

      Community Associations Institute (1998 - present)

      Discovering Justice Foundation

      Massachusetts Bar Association

      Real Estate Bar Association for Massachusetts
      Board Member
      Co-chair of the Condominium Law and Practice Committee
    • Honors + Awards

      Honors + Awards

      Selected to the Massachusetts Super Lawyers list in 2004 and from 2015 to 2017.
       

  • NEWS + PRESS
    • Presentations

      Presentations

      "Litigating Real Estate Disputes: Recent Decisions, Practical Applications and a View from the Bench," Massachusetts Continuing Legal Education, panel member (7/2008)

    • News

      R+C in the News

      • February 25, 2016

        Clive Martin Quoted in Banker & Tradesman

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      • February 25, 2015

        Clive Martin's Views on Condo Law Featured in Banker & Tradesman

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      • August 25, 2014

        Clive Martin quoted in Massachusetts Lawyers Weekly

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      • January 13, 2014

        Boston Lawyers Prepare Students to Deliver Oral Arguments

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      • December 27, 2012

        Attorneys Teach Middle School Students to Present Oral Arguments Before Massachusetts Appeals Court Justices

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      • December 15, 2011

        Boston Attorneys Coach Students to “Stand Up for Your Rights”

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      • April 14, 2010

        Robinson & Cole Attorney Chairs Massachusetts Continuing Legal Education Program

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      • August 8, 2008

        Robinson & Cole Attorney Discusses Condo Litigation on MCLE Panel

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      • July 29, 2008

        Robinson & Cole Attorney Appointed Co-Chair of Condominium Sub-Committee

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      • July 15, 2008

        Robinson & Cole Attorney Celebrates His U.S. Citizenship

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      R+C News Releases

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • June 5, 2015

        Robinson+Cole Boston Lawyers Coach Students on Constitutional Procedure

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