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. […]
Association Documents, Policies and Business Systems Need Regular Maintenance Too
The temperatures are still screaming summer, but the calendar is whispering that fall is near. And for condominium boards and managers, that means it’s time to bring out the fall maintenance checklist to make sure the community’s buildings, operating systems and grounds are ready for the cold weather to come. But buildings and grounds aren’t […]
Amendments to Condominium Bylaws Must Be Reasonable
Prior articles from this office have addressed the importance of the preparation and organization needed for a condominium trust or association to amend its condominium documents—i.e., the master deed and declaration of trust (or the bylaws that typically are included in the declaration of trust). But what happens when a carefully crafted amendment is approved […]
Hostile Environment Harassment
In some cases, an Association is justified in taking a hands-off approach to resident against resident complaints. This is not one of them. In fact, an Association has certain affirmative obligations to address hostile environment harassment, not only by its own members or agents, but also by third parties (residents) if it knew or should […]
First Step Toward Managing your Association’s Data Breach Liability Risks Is Recognizing Them (MA
You are the president of a condominium board and you don’t appreciate getting a call from a fellow board-member Sunday at midnight. The reason for the call is even less welcome. The board member has lost a laptop containing every essential piece of association related information it would be possible for anyone to have. Names, […]
Condo Owners Are Still Fighting for Equal Access to Municipal Services
Condo owners usually understand that they give up some of the rights enjoyed by single-family homeowners. The right to paint their front door any color they choose, to play their music at any decibel level they choose, and even to smoke in their residences, for example, all may be prohibited by condo associations rules or […]
Electric Cars Are Coming! When Owners Request Charging Stations, How Will Your Association Respond? (MA)
A newly enacted state law restricting the authority of condo associations to regulate the installation of electric car charging stations will apply only to condominiums located in Boston. But the implications extend well beyond Boston’s city limits. The reason: More consumers are buying electric cars. Read the article……………………
Balancing Access to Sensitive Information
During the course of their tenure on an association’s governing board, board members will come into possession of a seemingly endless amount of information. While owners are entitled to access the association’s books and records regarding the general operation and management of the association, there are certain categories of sensitive information that board members should […]
Attorney-Client Privilege Is Valuable and Frighteningly Easy to Lose
Condominium board members are often encouraged to be open, honest, and transparent in their communications with the condominium community. However, because of their leadership position, board members often possess confidential information, the disclosure of which may have significant legal and financial implications for the community associations they represent. Confidential information protected by attorney-client privilege is […]
Condominium Board Authority: Checking the Limits of Power
When making the choice to purchase a condo or a co-op apartment, many buyers choose a condominium to reduce the board’s involvement in the decisions they will make regarding their home. Condo boards’ authority over certain decisions and aspects of life in their communities is much more limited than that of co-op boards, but that […]
Condominium Board Wins Dispute Over Emotional-Support Dog
Requests to keep emotional support animals in condominiums with pet restrictions appear to be on the rise, and condominium boards are generally well advised to grant reasonable accommodations in order to avoid running afoul of state and federal fair housing laws. Read the article…………………………
A Little Good Will Can Avoid a Lot of Grief for Condominium Developers
Condo developments have three phases, equivalent in the minds of many developers to the “stages of grief” that describe the mourning process. There is no question that construction glitches, quarrelsome owners, litigation, or the threat of it, that plague some projects can make many developers mourn their career choice. But the development process doesn’t have […]
Hoarding: A Disability for the Afflicted, a Nuisance for Neighbors and a Problem for Condo Boards
Of all the problems condo associations confront – and there are many – hoarding is among the most difficult. Hoarding is both an illness for the hoarder and a nuisance (or worse) for other residents. Handling hoarding situations require boards and managers to balance two sides of a difficult equation: Sensitivity for the hoarder on […]
Magic in Mediation
If Kathleen (Kat) Marquis designed a t-shirt, it would probably say something like “Mediate, don’t Litigate”. An attorney who specializes in mediation, Marquis believes passionately in its effectiveness and desirability as an alternative to litigation – an alternative that she thinks works especially well for condominiums. “It is the only dispute resolution process that preserves […]
They Work for Your Association but Are They the Association’s Employees?
Depending on their size, condominium associations may receive a variety of professional services – from managers, security guards, lifeguards, maintenance workers and administrative assistants, among other personnel. Boards and owners often question the cost and quality of these services, but few, if any, ever wonder, “Whose employees are they?” Read the article……………….
Managing Curb Appeal: Dealing With the Eyesore Next Door
Attractiveness and so-called ‘curb appeal’ are both vital to a building or HOA’s sense of community pride and overall value. After all, it’s hard to attract prospective homebuyers if your association’s grounds are scattered with litter, the flower beds are choked with weeds, and residents constantly have laundry hanging out their windows. As important as […]
Roof Maintenance: Taking Care of Your Building From the Top Down
A residential property could have triple-reinforced titanium steel walls, and it still wouldn’t be worth a darn without a sturdy roof. It’s through the roof and rooftop features that many problematic elements can enter a building, from wind to rain to ice to debris. And because of that, the roof must be adequately fortified and […]
Curing Arrears: When Fees Aren’t Paid
The last three apartments in your luxury hi-rise condo were sold to a troika of Russian oligarchs, who all paid well above the asking price. But now those oligarchs are on the sanctions list, and have withheld their monthly maintenance fees for six months and counting, while waiting out the situation at their Black Sea […]
The Biggest Insurance Risks for Associations: Having the Wrong Kind of Insurance or Not Enough of It
When we talk about insurance, which we do frequently, we talk about its complexities, and there is no question that insurance decisions are complicated, confusing and often intimidating for condo boards. But it isn’t the complexity of insurance that creates the biggest risks for board members and the association’s they govern; it’s the type of […]
Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E
Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation path. M.G.L. c. 21E (Chapter 21E), the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, contains a statute of limitations provision, Section 11A. […]
Rules Targeting Children Risk Violating Fair Housing Laws
Imagine this: Susan and Bill, a retired couple in their late 60s, are sitting around the community association’s pool on a warm summer day, chatting with other residents. They have no children of their own and are becoming increasingly agitated by the high-pitched squeals of children who are swimming and splashing in the water. “I […]
Audio Recording of Condominium and Tenant Meetings in Massachusetts
You are a condominium trustee or unit owner in Massachusetts. Similarly, you may be a landlord or a tenant. A meeting is scheduled and you would like to record it. It is possible that a condominium trustee might want a recording so that he can prepare a set of meeting minutes. Let’s assume that there […]
The 6(d) Certificate in Massachusetts Condominiums
When a Massachusetts condominium unit owner wants to sell her unit to a buyer, she will have to obtain a “6(d) certificate” from her condominium association. Typically, a few weeks before the closing, the seller will request the certificate from the condominium trustees or the property manager, pay a fee, obtain the certificate, and provide […]
SJC Rejects Developer “Poison Pills” that Leave Condo Owners Without Construction Defect Remedies (MA)
The Massachusetts Supreme Judicial Court (SJC) has ruled that condominium developers can’t unreasonably restrict the ability of owners to file suits against them. The court rejected the “poison pill” provisions developers often use to insulate themselves from liability for construction defects, design flaws and other claims condominium owners might pursue against the developers of their […]
Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended) (MA)
Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the environmental damage to their property was permanent. As noted in the Court’s opinion, “The plaintiff must have knowledge […]
Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue
On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say “changed,” when a claim for property damage accrued under G.L. ch. 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, also […]
Bad Facts Make Bad Law – Condo Version (MA)
Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the bylaws in question. Deservedly so. The condo bylaw restricted the ability of the condo board […]
Owners of Lowell condo complex built on top of old dump could collect damages, SJC rules (MA)
Some owners of the Grand Manor condominium in Lowell on Friday got another chance to collect millions of dollars they say the city owes them for allowing their homes to be built on top of a dump the city closed some 60 years ago. In an unanimous ruling, the Supreme Judicial Court concluded the owners […]
Accessing Units: Balancing Privacy and Expediency
Owning a unit in a multifamily co-op or condo carries a great many benefits in the form of shared responsibilities, but it also requires compromises along the lines of control: what your board, management, and building staff can or cannot do. One area where such compromises have the potential to lead to uncomfortable conflicts is […]
The Limits of Board Powers: What You Can – and Can’t – Do
It is not easy being a trustee. There are meetings to attend, documents to review, decisions to make, and neighbors to mollify. There are also a number of rules and regulations that must be followed in order to ensure that the individual and collective actions of a board meet all legal and ethical requirements. Read the […]
Audio Recording of Condominium and Tenant Meetings in Massachusetts
You are a condominium trustee or unit owner in Massachusetts. Similarly, you may be a landlord or a tenant. A meeting is scheduled and you would like to record it. It is possible that a condominium trustee might want a recording so that he can prepare a set of meeting minutes. Let’s assume that there […]
Consistency Is a Virtue in Rules Enforcement; Exceptions Should be Limited and Fair
Consistency may be “the hobgoblin of little minds,” as Ralph Waldo Emerson suggested. But it is also an article of faith for many condominium boards, who fear, and rightly so, that if they don’t enforce rules consistently, they may not be able to enforce them at all. Exceptions can all too easily swallow a rule. […]
Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC (MA)
In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the Cambridge Point Condominium (“Condominium”) Trust filed an action against the developers that built the Condominium, Cambridge Point, LLC and others (collectively, the […]
Self-Managing Maintenance: Getting the Job Done On Your Own
Whether because of convenience, the desire for autonomy, or a tight budget, some condo and HOA communities opt not to retain an outside management company or an agent to handle their respective day-to-day administrative and maintenance needs. Without proper oversight and experience however, the vitality of the building and property – along with the residents […]
Laundry Room Maintenance: It’s a Wash
Can you imagine living in a condo or co-op that doesn’t have a laundry room? These days, having on-site laundry facilities for residents isn’t an amenity – it’s a necessity, and keeping yours functional and well-maintained is just as important as keeping the boiler or elevators running. Nearly all multifamily laundry rooms are managed and […]
Optimizing HVAC: Heating, Cooling, and Conserving
Everyone loves the turning of the seasons, what with leaves changing and snow falling and pools opening and the like. But Mother Nature has little concern for the comfort of humans, so fluctuating temperatures bring the need for residential heating and cooling. In condominiums, cooperatives and homeowners associations, residential heating and cooling (HVAC for short) […]
A condominium lawyer walks up to a trailer… Chapter 183A, the Mass. condominium statute
In this article, we want to clarify that in Massachusetts, phases in a condominium cannot be created on vacant land. A condominium in Massachusetts can be created in phases with trailers on each phase. We find it difficult to believe that little, if anything, has been written about this important subject. Chapter 183A, the Massachusetts […]
The Limits Of Exclusive Use Rights In Condominium Common Areas (MA)
It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks, driveways, garages, attics, and similar spaces that are affiliated with, but outside of, a unit. But how exclusive is an […]
Supporting Your Staff: Letting Your Employees Know You Care
Most people go about their days paying little attention to the labor performed by those who make their lives easier. From transit workers to service employees to government officials, how often does one stop to thank the people making everything run along smoothly? Staffs of condominiums, cooperatives, and homeowners’ associations are no exception. Sure, they […]
The Roles of Building Staff: Working as a Team for the Good of All
Supers, building managers, maintenance persons, custodial staff, groundskeeping personnel, porters, doormen, concierges—depending on the size of a community, the staff roster for a condo, co-op or HOA can be pretty long. The truth is, in the case of almost any building or association over five units, at least a few of these people are necessary […]
Board Transparency: Consistent Communication Is Key
Community living – the very basis of co-op, condo and HOA life—is based on the idea of trust. In a community of potentially hundreds or thousands of residents, every resident can’t be involved in the making of every decision. Too many cooks can potentially spoil the proverbial broth. No decision would ever get made in […]
Problem Boards: What To Do When Your Board Breaks the Rules
A condominium, cooperative or homeowners’ association elects a board for a specific purpose: to manage the community’s day-to-day business, oversee special projects, and draft and uphold the rules and regulations that keep life orderly and harmonious. In fact, the board has an inflexible fiduciary duty to act in the best interests of the community as […]
Assessing Your Building’s Energy Consumption: How Green Are You?
Most folks know that turning off lights in unoccupied rooms, taking shorter showers, and turning down the thermostat a couple of degrees can help save energy – and by extension, money. However, helping an entire building or association cut costs and reduce its carbon footprint can be a little trickier, which is why many co-op […]
Green Cleaning: Keeping Your Condo or HOA Fresh – and Eco-Friendly
Cleaning products should, ideally, have one primary function: to make things less dirty. But once one delves deeper into the overall goal, things get more complicated. What makes something really clean? Does it just look shinier? Smell better? Or is it healthier in a more objective sense; an antibacterial, net-positive sense? Cleanliness can be subjective, […]
A Look at Cogeneration: Is It for Your Building?
Many residential properties obtain their power from a local energy supplier. But in recent years, boards and managing agents have investigated, and in some cases, installed “cogeneration ” systems that allow properties to produce a portion of the energy they use on-site. Like most technologies, there are both benefits and drawbacks to converting to a […]
Improving Indoor Air Quality: What’s That Smell?
In multifamily buildings that hundreds —maybe even thousands—of people call home, it comes as no surprise that unpleasant smells can become an absolute nuisance. The airways that run through the building, the chutes and areas that house the building’s garbage, and the habits of residents can all be likely culprits when it comes to a […]
Short-term Rentals Create Ongoing Concerns for Condo Associations
The short-term rental of residential property is producing long-term concerns. Those concerns, which were just emerging when I wrote about this issue three years ago, have grown exponentially as short-term vacation rentals have ballooned, creating what is now a $34 billion business and triggering an avalanche of conflicts and complaints to which the governing boards […]
Insurance Law: Some Important Cases to Know
Insurance liability is a very important issue for a condo or HOA association or a condo board. Most have built up a good relationship with their insurance agents or brokers, and many are content to leave the details to the pros. However, the world of insurance liability isn’t static—new laws are proposed and enacted, and […]
Indemnity Clauses and Liability: Protection Runs in More Than One Direction
One of the unique aspects of community living, whether that community is a co-op, condo, or HOA, is the collective responsibility shareholders or association members take upon themselves when they offer to serve on their community’s board of directors. With the assumption of board duties and responsibilities comes a measure of liability that might not […]
Insurance Basics: Know the ABCs
For many people, insurance seems like its own mysterious realm, filled with terminologies that sound formidable and enigmatic. At the same time, people also understand the profound importance of insurance and what it can mean for the safety and security of the co-ops, condos, and associations in which many of us live. Fortunately, insurance professionals […]