Kimberly Bielan is a Principal of Moriarty Bielan & Malloy LLC and has been with the firm since its inception in 2017. Kim is a member of the litigation and zoning and land use departments. She represents a variety of clients, including condominium associations, developers, and individual homeowners. Kim’s practice focuses primarily on real estate litigation, with an emphasis on zoning and land use matters. She also represents clients on condominium general representation issues and in appellate matters.
Kim has significant involvement in community and industry associations. She has been a member of the Quincy Planning Board since 2021, where she currently serves as Chair, and was formerly a member of the Falmouth Zoning Board of Appeals from 2019 through 2019, where she served as the Board’s Chair for a period. Kim is a member of the Real Estate Bar Association, where she serves as Co-Chair of the Continuing Education Section and is on the Board of Directors. Kim is a member of the Women’s Bar Association, where she serves as Co-Chair of the South Shore Committee. She is also an active member of the Rhode Island Bar Association and Community Associations Institute of New England.
- ▪ Massachusetts
- ▪ Rhode Island
- ▪ United States District Court, District of Massachusetts
- ▪ United States District Court, District of Rhode Island
- ▪ B.A., Providence College (2009)
- ▪ J.D., New England School of Law, cum laude (2012)
- ▪ Super Lawyers Rising Star, Land Use & Zoning, General Litigation, 2019-2022
- ▪ Recipient of the Real Estate Bar Association’s inaugural Emerging Leader Award, 2016
- ▪ Recognized by her peers as Technical Editor of the Year, Volume 46, New England Law Review, 2012
- ▪ Certified Manager of Community Associations (CMCA), 2023
Representative Publications & Events
- ▪ “Condominium Litigation: Practice Points,” Co-Author, Massachusetts Continuing Legal Education, Inc. (3d ed. 2023)
- ▪ Lecturer, Massachusetts Continuing Legal Education, Inc.’s Annual Real Estate Law Conference on Condominiums: Subordination and Partial Releases of Prior Recorded Construction Loans, March 2023
- ▪ “Q&A: Eviction from the Board?,” in New England Condominium, March 2023
- ▪ Panelist, Real Estate Bar Association on Common Pitfalls with Reviewing & Drafting Condo Documents, February 2023
- ▪ “Management Contract Trends and Best Practices,” Co-Author, in Condo Media, November 2022
- ▪ Panelist, Real Estate Bar Association on New Lawyers Section Panel at Northeastern University Law School, October 2022
- ▪ “Counting Ballots: Board Election Best Practices,” in Condo Media, October 2022
- ▪ “Navigating the Ups and Downs: Elevator Maintenance Contracts,” in Condo Media, August 2022
- ▪ “The Expansion of Home Security Technologies: Balancing Competing Security and Privacy Concerns,” in Condo Media, June 2022
- ▪ Panelist, Real Estate Bar Association on So, You Want to Be a Real Estate Attorney?, April 2022
- ▪ “Q&A: Is ‘Relatively’ Qualified Good Enough?,” in New England Condominium, December 2021
- ▪ Panelist, Real Estate Bar Association on The Basics of Local Permitting Work, October 2021
- ▪ Panelist, Real Estate Bar Association on Condo Lending: Practical Considerations for Developers & Trustees, July 2021
- ▪ “Living in a Covid-19 Vaccinated World: What Steps Should Employers or Associations Be Taking, If Any?,” in Condo Media, May 2021
- ▪ “Insurance Resolutions: How Can Your Association Benefit from Adopting One?” in Condo Media, February 2021
- ▪ “Q&A: Landscaping Leaves a Lot to be Desired,” in New England Condominium, September 2020
- ▪ “Assistance Animals: HUD Provides New Guidance,” in Condo Media, May 2020
- ▪ “It’s in the Details: Best Practices for Condominium Association Management Contracts,” in Condo Media, November 2019
- ▪ “Grandfathered Structures Are Subject of SJC Decision,” in REBA News, June 2019
- ▪ “Massachusetts Noncompete Legislation Becomes Law,” in REBA News, December 2018
- ▪ “When Pets Aren’t Pets: Understanding Requests for Reasonable Accommodation,” in Condo Media, August 2018
- ▪ “A Refresher on Adverse Possession and Prescriptive Easements,” in REBA News, March 2018
- ▪ “Discovery Due Diligence Yields Favorable Land Court Outcome,” in REBA News, December 2017
- ▪ “Association Creates Opportunities to Lead,” in REBA News, January 2017
- ▪ “Benefits and Ethics of Interacting on Social Media,” in REBA News, September 2016
- ▪ Lecturer, Joining the Social Media Revolution … One Step at a Time, Real Estate Bar Association Spring Conference, 2016
- ▪ “With Great Power Comes Great Responsibility,” in Condo Media, April 2016
- ▪ “SJC Holds Mortgages Stating Term of Underlying Notes Subject to Obsolete Mortgage Statute,” in REBA News, May 2015
- ▪ “Condominium Litigation: Practice Points,” in Litigating Residential Real Estate Disputes in Massachusetts, Massachusetts Continuing Legal Education, Inc., 2014
- ▪ “Non-Compete Agreements,” in Condo Media, November 2013
- ▪ “All A-‘Twitter’: The Buzz Surrounding Ranting on Social-Networking Sites and Its Ramification on the Employment Relationship,” 46 New England Law Review 155, 2011
- ▪ Successful in representation of developer of forty-three (43) unit condominium project against abutter appeal in both Barnstable Superior Court and Appeals Court. Epstein v. Zoning Bd. of Appeals of Falmouth, 101 Mass. App. Ct. 1113 (2022) (Rule 23.0) (Attorney Bielan argued).
- ▪ Successful in representation of condominium association in extinguishment of numerous instruments recorded by condominium declarant, improperly seeking to unilaterally extend declarant’s phasing right and assume control of association, in Appeals Court. Kettle Brook Lofts, LLC v. Specht, 100 Mass. App. Ct. 359 (2021) (Attorney Moriarty argued).
- ▪ Obtained reversal of Land Court Judgment, in the Appeals Court, establishing, on a question of firm impression, principal that a partial discharge of a unit from an unsubordinated mortgage on common area releases all the common area from that mortgage. Trustees of Beechwood Village Condominium Trust v. USAlliance Federal Credit Union, 95 Mass. App. Ct. 278 (2019) (Attorney Moriarty argued).
- ▪ Obtained reversal of Land Court Judgment, in the Appeals Court, concerning timeliness of zoning challenge to lots created pursuant to approval not required plan, but severed years later. Bruno v. Zoning Bd. of Appeals of Tisbury, 93 Mass. App. Ct. 48 (2018).
- ▪ Kim greatly enjoys drafting appellate briefs. In addition to the foregoing, Kim has played a significant role in drafting briefs in the following appellate matters: Trustees of Beechwood Village Condominium Trust v. USAlliance Federal Credit Union, 100 Mass. App. Ct. 192 (2021); Gerfman Global, LLC v. Kershaw, 99 Mass. App. Ct. 1103 (2020) (Rule 23.0); Lanza v. Tonsberg, 98 Mass. App. Ct. 1106 (2020) (Rule 23.0); Yakushina v. LaGreca, 86 Mass. App. Ct. 1125 (2013) (Rule 1:28). Kim has also had the opportunity to co-author amicus briefs in the following matters: D’Allessandro v. Lennar Hingham Holdings, LLC, 486 Mass. 150 (2020) (Real Estate Bar Association, Inc. and The Abstract Club); Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, 478 Mass. 697 (2018) (Real Estate Bar Association and The Abstract Club).