Volunteer work may conjure images of philanthropy and gestures of goodwill, but in the case of volunteering to sit on a condo board, those in the know say it’s more like being a human punching bag. Read the article………………………..
Security Issues for Associations (MA)
A recent Massachusetts Superior Court decision (Field, et. al. v. Highbridge Concierge, Inc., et. al.) has rattled windows in the condominium world, describing, in large capital letters, the security obligations of condominium associations and association managers. Read the article………………………..
Financial, Physical, & Operational Health: How Does Your Association Measure Up?
In early 2020, our firm was hired to prepare a reserve study for an unremarkable 136-unit, 12-story condominium in south Florida. It was the kind of association you could drive right by without noticing, not much different from all the other high-rise buildings in this coastal neighborhood. Read the article………………………..
Conducting Better Meetings: Tips for Saving Time & Staying On Track
Residents in condo and HOA communities are frequently quite busy. Boards generally consist of elected volunteers who nearly always have other jobs and lives outside their duties as trustees. So while a professional management company can handle much of the day-to-day operations of a multifamily community, no decision can be made without those board members […]
Bankruptcy Basics for Condominiums (MA)
During the COVID-19 pandemic, both the federal government and the Commonwealth of Massachusetts imposed foreclosure and eviction moratoriums. Due to these moratoriums, consumer bankruptcy filings fell dramatically as the urgency to protect assets, especially residential property, was no longer an immediate concern. Once the moratoriums ended, there was concern that a tsunami of bankruptcy filings […]
Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership
The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]
Workers’ Compensation Coverage & Insurance Costs: The Difference Between Volunteers & Employees
With inflation at historic highs, labor and supply shortages complicating even routine projects and maintenance, and budgets tight (and getting tighter), many condo and homeowner associations are looking for ways to control costs and still get needed work done on their properties. Read the article………………………..
Workers’ Compensation Coverage & Insurance Costs: The Difference Between Volunteers & Employees
With inflation at historic highs, labor and supply shortages complicating even routine projects and maintenance, and budgets tight (and getting tighter), many condo and homeowner associations are looking for ways to control costs and still get needed work done on their properties. Read the article……………………..
Managing Conflict: When Boards & Residents Take Sides
One of the unique aspects of life in an HOA, condo, or co-op is that in many ways, a building or association is a microcosm of the larger world outside it. It can suffer from the same factionalism and partisan bickering as any political entity, only on a much smaller, more intimate—and therefore potentially more […]
The Impact of Litigation in Condos, Co-ops, & HOAs: Do Lawsuits Damage a Community?
Americans are a particularly litigious lot, believing as many of us do that we are endowed with the inalienable right to life, liberty…and the pursuit of recompense for any slight or wrong done to us, real or perceived. This tendency is unfortunately common in the nation’s condos, co-ops, and HOAs, where the ideals of communal […]
Beneficial Interest – A Bedrock of Condominium Ownership (MA)
Board members and unit owners frequently ask us: What does “beneficial interest” mean? Beneficial interest is an important concept for Massachusetts condominium boards and unit owners to know and understand. Beneficial interest is the percentage of ownership that the owner of each condominium unit is entitled to in the common areas and facilities of a […]
SJC Decision Narrows the Window for Filing Construction Defect Suits (MA)
“Don’t ask for whom the bell tolls,” an essay by John Donne cautions. “It tolls for thee.” For condominium associations, the statutory bells signaling deadlines for filing construction defect suits are going to start tolling a lot sooner now, thanks to a recent decision by the Massachusetts Supreme Judicial Court (SJC). Read the entire article……………………………….
Tax Bill Implications for Condominium Conversions (MA)
Purchasers of units in recently converted condominium buildings need to take measures to ensure that they are staying current with their property tax obligations. The subject building will be taxed as a single-dwelling property until the conversion is accurately reflected in the City of Boston’s tax bills, which can take several months. Read the entire […]
Communications & Community – Clarity, Transparency, & Respect
The words communication and community share a common root. It comes as no surprise, then, that the success of communities depends on effective communication between board members, managers, and residents. In multifamily residential communities like co-ops and condominiums, effective communication is a crucial component in achieving optimal results and operations. Lines of communication between boards, […]
Appeals Court Case Protecting Homeowner Association’s Rights in Private Roadway (MA)
In Michael A. Tribuna, Trustee v. Jennifer Cohen et. al., Appeals Court Docket No. 21-P-197, a case litigated in the Appeals Court by Chris Malloy and Kate Brady, the Appeals Court rejected an attempt by a subdivision homeowner to exercise his easement rights to unilaterally alter and expand a roadway which serviced all the lots […]
Q&A: Make Well-Grounded Decisions on Change (MA)
Q. An owner in our condominium has asked the board for permission to install an electric vehicle charging station in his garage unit. This would require some infrastructure changes to the electrical system for the association. What sort of issues should the board consider in making a decision? Read the entire article……………………………….
Maintaining Aging Buildings – Older Structures Have Special Concerns
Nothing lasts forever, even with good maintenance—including most building components. Exterior elements are perhaps most subject to wear and tear in any climate. Their construction and material type dictate their maintenance needs and repair schedules; masonry façades clearly have different needs than wood or clapboard fronts. But with a good care program and a bit […]
Building Inspections – Up & Down, Inside & Out
Car owners know that in order to operate their vehicle legally, they must have it professionally inspected every year. An older car might need some relatively minor repairs or adjustments to bring it into compliance with state emissions requirements, but for most, getting that mandatory approval sticker is a simple, inexpensive, predictable process that takes […]
Appeals Court Decision Addresses the Permissibility of Electronic Voting when the Condominium Bylaws do not Expressly Authorize the Practice (MA)
On February 2, 2022, the Appeals Court issued a noteworthy decision providing that the use of electronic voting did not violate a condominium’s bylaws by permitting unit owners to cast votes remotely in advance of the annual meeting even though the bylaws did not expressly authorize the practice. Read the entire article……………………………….
Dealing With Disruptive Residents – Empathy & Education vs. Enforcement & Eviction
If you live in, work in, or provide services for a co-op, condo, or HOA, you know that however harmonious a building or association is in general, there is always that one person—or perhaps more than one—who throws a wrench in the works. It could be the guy who seems to take pleasure in disrespecting […]
Conflicts of Interest – Recognize Them Now to Avoid Problems Later
If you live in a condo or a co-op, you most likely have heard the term fiduciary duty, usually in reference to the responsibilities and obligations of board members and management. But what is a fiduciary duty? In essence, it’s a legal relationship between two parties that gives one party the right to act and […]
What You Need to Know About Fannie Mae’s Additional Requirements Impacting Loan Eligibility for Condominiums and Responding to New Lender Questionnaires
In response to the tragic collapse of the Champlain South Tower in Surfside, Florida, many lenders began considering new ways to assess and manage risk in buildings with potentially unsafe conditions. In October, Fannie Mae issued Lender Letter LL-2021-14 outlining additional requirements that went into effect on January 1, 2022 impacting the eligibility of condo […]
Superior Court Decision Confirms Attorney-Client Privilege Extends to Communications Including a Condominium Board’s Property Manager (MA)
On January 21, the Superior Court issued a noteworthy decision providing that the attorney-client privilege protects communications with property managers – as “necessary agents” of the board – in connection with litigation involving the condominium. Furthermore, the Court ruled that communications with the Board’s engineering expert – which included the property manager – were not […]
Maintaining Aging Buildings: Older Structures Have Special Concerns
Nothing lasts forever, even with good maintenance—including most building components. Exterior elements are perhaps most subject to wear and tear in any climate. Their construction and material type dictate their maintenance needs and repair schedules; masonry façades clearly have different needs than wood or clapboard fronts. But with a good care program and a bit […]
Management Contracts 101 – Negotiating Your Community’s Most Important Contract
There are elements of board service that can vex even the most committed, most intrepid volunteer—and negotiating a building’s management contract is probably at the top of that list. Vexing or not, however, the extent and quality of services available to your building community hinges on what’s in that contract; managers and management companies are […]
‘Pandemic Pets’ in Multifamily Communities
The coronavirus crisis has forced many unwelcome changes on households around the world—but it has also allowed or inspired some to make lifestyle choices that were impractical or otherwise out of reach before. One such choice has been to acquire a pet. With travel restricted, and working and schooling largely happening at home, households across […]
You Looking at Me? Video Doorbell Cameras Trigger Privacy Concerns and Potential Liability Risks (MA)
Video doorbells (VDs), hugely popular and increasingly ubiquitous, enable homeowners to see, record and communicate with visitors at their door, answer the door remotely when they are away, discourage thieves from stealing packages or video them if they do, and notice when the teen who’s supposed to be in at 10 doesn’t cross the threshold […]
Condo boards have ‘really gotten away with a lot.’ It’s time for real rules to protect owners
When I first saw a “Make America Florida” bumper sticker promoting Florida Governor Ron DeSantis for president, I thought of the record floods and temperatures across the country this summer and envisioned beachfront property extending into the Midwest. But as one of almost 74 million American homeowners who live in condos, co-ops, and homeowner associations, […]
Façade Inspections: A Critical Component of Your Maintenance Plan
In light of the tragic condo building collapse in Surfside, Florida, earlier this year, condo and co-op boards, as well as rental building landlords, are taking a hard look at their building system inspection policies. While all mandatory inspections exist for a reason and should be taken very seriously, among the most critical is façade […]
Trends in Multifamily Building Technology: Building Systems Better
The forward march of innovation is constantly changing the face of nearly every industry—including residential real estate. To keep co-ops, condominiums, and other multifamily communities functioning optimally, we need to keep abreast of the latest advancements in building systems. Here are a few of the latest trends. Read the entire article……………………………….
Insurance Basics: Is Your Association Adequately Covered?
While insuring your association against potential catastrophes can be a daunting proposition for a board made up of volunteers, it’s a crucial part of the job. Fortunately, there are delineated starting points, ample resources, and industry professionals to which a board can turn for guidance. Nobody likes dwelling on worst-case scenarios, but by allocating its […]
Transparency vs. Discretion: What to Say (Or Not to Say), and When
Members of condominium and co-op boards are often faced with conflicting interests and messages relating to matters of transparency and discretion. As a matter of good governance, transparency is always the preferred policy, whether you’re the president of your community board or the President of the United States. Read the entire article……………………………….
HUD Provides More Guidance on Emotional Support Animals but Little Help for Association Boards Dealing with Accommodation Requests
Condo association attorneys had long been anticipating new guidance from the Department of Housing and Urban Development (HUD) dealing with emotional support animals. That guidance was finally issued in January 2020, but it fell short of the stricter requirements practitioners had wanted. Read the entire article……………………………….
Climate Change & Residential Communities – A New Reality Raises New Challenges
The reality of climate change is upon us. Weather patterns have changed, and seasons have been altered. We experience more intense heat, more frequent, destructive storms, wide-ranging wildfires, and more destructive cold. Tornadoes—the spawn of conflicting hot and cold air masses—touch down in places they were once almost unheard of. What was scientific prognostication only […]
Condo collapse should prompt changes in local laws (MA)
The recent collapse of a high rise in Surfside, Florida, has sent a shiver through condo dwellers around the country and raised questions about whether legislative changes could help prevent a similar tragedy here. One obvious response to the disaster would be to limit or even eliminate the restrictions imposed by statutes of repose. In […]
Laws vs. Bylaws – Understanding the Similarities & Differences
Co-op and condo living is subject to lots of rules—some of which come directly from state laws, some from the building or association’s own bylaws, and some from its house rules. Every state has statutes that govern the operation of residential communities; every community also has its own set of governing documents, which are almost […]
Were Those Remote Meetings Authorized? (MA)
With in-person gatherings proscribed by the pandemic for much of this year, many condominium boards have conducted essential business remotely and many associations have canceled their annual meetings, allowing owners to vote electronically to authorize improvements or to elect new board members. While the imperatives for these nontraditional operations ? complying with local or state […]
Managing the Pandemic: Boards Must Balance Compassion With Their Fiduciary Obligations to Protect the Community (MA)
Condominium owners must pay their common area fees. This is not a stop-the-presses revelation. It is a statement of principle, embodied in governing documents and affirmed by countless court decisions over the past 25 years. But the coronavirus pandemic, which has tested so many assumptions, is also challenging this one. Read the entire article……………………………….
Annoyance or Harassment? What to Do When Owners Cross that Line
Most condo owners are (usually) courteous, considerate and compliant. But every community has at least one owner – and sometimes more than one – who are none of those things. These are the owners who: Oppose everything and support nothing. Regularly harangue board members and managers in meetings and in person. Send scathing e-mails and […]
The Massachusetts Statute of Repose Comes Marching One Building at a Time
Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction project? Read the article………………………………
Were Those Remote Meetings Authorized? (MA)
With in-person gatherings proscribed by the pandemic for much of this year, many condominium boards have conducted essential business remotely and many associations have canceled their annual meetings, allowing owners to vote electronically to authorize improvements or to elect new board members. While the imperatives for these nontraditional operations ? complying with local or state […]
Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss (MA)
In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in part, dismissing counterclaims for interference with business relations and violation of the Massachusetts Wiretap Act Read the article……………………………
Managing the Pandemic: Boards Must Balance Compassion with their Fiduciary Obligation to Protect the Community (MA)
Condominium owners must pay their common area fees. This is not a stop-the-presses revelation. It is a statement of principle, embodied in governing documents and affirmed by countless court decisions over the past 25 years. But the coronavirus pandemic, which has tested so many assumptions, is also challenging this one. Read the article………………………………
How to Work With the Unruly Board Member
Dealing with unruly board members can be a daunting task for managers and condominium boards. Often, these unruly board members try to assert their dominance and bully their fellow members into getting what they want. Although there is no guaranteed way to deal with unruly board members, here are some helpful tips to assist property […]
Is Your Association Climate Ready?
Extreme temperatures, precipitation, and storms along with rising sea levels are major climate risk factors with which many Boston associations will be forced to contend in the upcoming years and decades. Associations must learn to assess the risks of climate change, and the extreme weather events that are a byproduct, and develop strategies to prepare […]
Federal Court Decision Follows Recent Superior Court Ruling Concerning the Application of the Statute of Repose at a Phased Condominium (MA)
On October 28, the United States District Court for the District of Massachusetts (Talwani, D.J.) issued a noteworthy decision concerning the applicability of the statute of repose with respect to a phased condominium. The Federal Court’s decision essentially adopted a ruling issued earlier this year by the Essex Superior Court, which ruled that the statute […]
Your Association Has Been Named As Additional Insured On A Contractor’s Policy – Are You Sure?
A common misconception among condominium boards and managers is that, when a contractor furnishes a Certificate of Insurance (“COI”) which lists the association as being an Additional Insured, that COI is all that is needed for the association to obtain protection under the contractor’s policy. In most instances this belief is incorrect and creates a […]
Massachusetts Condominium Collections Traps for the Unwary
G.L. c. 183A § 6 provides a well-worn path for the collection of unpaid common expense assessments in Massachusetts. The steps required under § 6, (60-day notice, 30-day notice, etc.) are spelled out in the statute and, in the typical circumstance, the process is rote. When the delinquency hits 60 days, the account is sent […]
Condominium Mechanic’s Liens
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. Read the article……………………….
Transition Gets a New Condominium Community Off to a Good Start ? Or Not
Life is full of transitions. In the life of a community association, the most important transition by far is the one that transfers control of the community ? and responsibility for it ? from the developer to the owners. A successful transition will set the community firmly on the path to self-governance and financial health. […]