An HOAleader.com reader asks: “We live in an 8-story 72-unit condominium. A unit owner’s ceiling developed water stains from a water leak from the unit above and says they shouldn’t be responsible for repairs. They argue that the unit owners above should pay for repairs. Our rules and other documents don’t mention anything on this […]
How Climate Change Affects Landscaping Keeping Your Greens Green
More rain, higher temperatures, altered growing seasons; the effects of climate change are not just felt at the macro level, but at the micro level, too—and perhaps even more profoundly. For the myriad of professionals who tend our grounds, gardens, and rooftop oases, these effects must be dealt with in real time, day by day, […]
Condo Associations Must Comply – They Don’t Have to Panic (MA)
Say what? That is how many condominium trustees and owners have reacted to the notice informing them of their obligation as building owners to report the energy usage in their buildings by June 30. For many recipients, there were two surprises in this notice: That this reporting requirement exists, and that trustees or apparently random […]
Unique Challenges of Managing Multiple Properties
As an experienced property management team, we understand the challenges and nuances of managing multiple properties simultaneously in a popular rental area such as the Greater Boston region. Juggling multiple properties in terms of finances, upkeep, tenant turnover, and compliance issues can be stressful. Read the article…………………………….
Recent Mass. Court Decision Clarifies Condo Association Obligations
Who is responsible for paying the expense of reasonable modifications when a condominium owner is disabled and requires modifications to the property in order to enjoy full use of their premises? Until recently, based on a 2010 decision by the Massachusetts Commission Against Discrimination (MCAD), condominium associations were required to pay the cost of reasonable […]
All D&O Insurance Policies are Not Created Equally: Board Members Should Know Their Liability Risks (MA)
In our overly litigious society, it is said that anyone can sue anyone for anything. The volunteers serving on condominium association boards sometimes feel as if they can be sued by almost everyone for almost everything – an overstatement, perhaps, but an understandable one. It is certainly true that condo owners are not always happy […]
Condo Boards Can’t Ban Charging Stations (MA)
When Boston and Cambridge enacted “right-to-charge” ordinances in 2019 and 2022, respectively, codifying the rights of electric vehicle owners to install charging stations in multi-family buildings, industry executives predicted that Massachusetts lawmakers would eventually follow suit. They were right. Read the article…………………………….
Q&A: To Insure or Not to Insure?
Q. Given the recent disasters on both the East and West Coasts, from flooding to fires, it seems obvious that property insurance is important. But it’s also getting very expensive. Owners who have mortgages are required by their banks to carry insurance, but if you own your property with no mortgage, is it still required? Read […]
How Self-Managed Communities Manage Their Business: Staying Smart & Solvent
One of the certainties of living in a condo, co-op, or HOA is that despite all having an equal stake in the financial and administrative success of the building or association, only a small percentage of residents choose to take an active role in the governance and management of their communities. In addition, many buildings […]
Clear Communication From Digital Portals to Personal Connections
In multifamily communities, transparent and open communication helps ensure smooth operations and leads to greater resident satisfaction. When it comes to property management, both traditional and more tech-savvy communication approaches, from personal interactions to digital portals, can help a building team operate successfully. A carefully considered full-spectrum approach keeps the lines open for residents, board […]
It’s Scurrilous, Offensive and Untrue – But Is It Libel? (MA)
“Sticks and stones will break my bones, but words will never harm me.” We’ve all heard that adage and condominium board members may have more reason than most to repeat it. Boards can’t please everyone all the time and there are times when they can’t seem to please anyone ever. There’s nothing new about that. […]
Massachusett Legislature Enacts Changes to Condominium Act
At the end of the 2023/2024 legislative session, Massachusetts Governor Maura Healey signed a comprehensive climate and clean energy legislation, an act promoting a clean energy grid, advancing equity and protecting ratepayers. Included in the bill were two significant changes to the Massachusetts Condominium Act. Read the article…………………………….
Understanding Management Fees: Minding the Bottom Line
Among the many factors necessary for multifamily residential buildings to achieve financial stability, proper budget planning, compliance, and trust among shareholders, effective fee management is one of the most important. Understanding the billing structures property management companies use with different client communities can help determine which one is the best fit for your particular building […]
Handling Mismanagement: Clear Expectations Are Key
The right property management team can make or break a building. While basic day-to-day maintenance and financial oversight often take priority when managing a multifamily property, comprehensive property management also includes building security, legal compliance, and resident satisfaction. Read the article…………………………….
Q&A: Dealing with a Rogue Board
Q. I was a member of our three-person association condo board for about one year. I resigned after I realized the other two people were having secret meetings and making decisions without my input, and bringing their two-to-one vote to the full board meetings. Read the Q&A………………………………..
Condominium Association’s Refusal to Pay for Unit Modification Is Not Handicap Discrimination (MA)
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an individual unit owner’s handicap modifications to a patio that was exclusively dedicated to the plaintiff’s unit but considered common area […]
Appeals Court Says Mass Condo Associations Don’t Have to Pay for Fair Housing Modifications (MA)
A Massachusetts Appeals Court has rejected a long-standing interpretation of the Massachusetts state statute (which prohibits housing-related discrimination) that required condo associations in many cases to pay for common area modifications requested by disabled owners and residents. Read the article…………………………….
Are Unincorporated Condominium Associations and Condominium Trusts Required to Comply with the January 1, 2025, Corporate Transparency Act?
In Trustees of the Lewis Wharf Condominium Trust v. Yellen et als, U.S. District Court, District of Massachusetts (Boston) 1:24-CV-11679. (“Lewis Wharf”), the plaintiffs sought a declaratory ruling as to whether unincorporated condominium associations and certain condominium trusts formed under M.G.L. c. 183A are exempt from Corporate Transparency Act (CTA) reporting requirements. Read the […]
Responding to Litigation: Be Discreet, Be Professional, Be Timely
There’s an old joke about business partners on the outs. The punchline is something like, “my lawyer is bigger than your lawyer!” Punchlines aside, though, who can you sue, when, and for what? In our litigious society, the short answer is nearly anybody, pretty much anytime, and for just about anything, depending on your resources. […]
The President’s Role: Communication, Leadership, & Commitment
What is the role of a board president in a shared-interest community? Is he or she more like a CEO, an administrative custodian, or a figurehead? Depending on the community and the needs and expectations of its members, the answer could be a combination of all three in different measures. Regardless, leading a community of […]
Access Control & Securing Your Building: Who Goes There?
Technology and communication are advancing and evolving rapidly in today’s fast-paced world. Multifamily buildings—home to residents with diverse needs, expectations, and preferences—present unique security challenges. These buildings must manage a stream of visitors, multiple entrances, and all the everyday complexities of community living, where trust and awareness among neighbors can vary widely. Boards and associations […]
Multifamily Fire Safety: Prevention, Detection, & Communication
Among the many hazards that can threaten any multifamily building, fire ranks right at the top. Local news is replete with stories about the property loss, structural damage, and even death that a fire can cause. While horrific in small properties, fire can be even more dangerous in multifamily buildings. High-rises in particular can pose […]
Condo Boards Likely Safe From Corporate Transparency Law (MA)
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled. In a written decision Friday, U.S. District Judge Leo T. Sorokin dismissed a June complaint by the Trustees of the Lewis Wharf Condominium Trust seeking to block enforcement of the Corporate Transparency Act, noting […]
Ho, Ho, Horrible! Holiday Decorations May Create Legal Land Mines for Condominium Association Boards
Do you hear what I hear? Holiday music is already playing everywhere. Children are creating pages-long lists of the gifts they want. And association board members are envisioning the holiday decorations – from the divine to the detestable – that owners will want to display and wondering what on earth to do about them. Read […]
Successful Social Programming: The Value of Building Relationships
Fostering a sense of community in multifamily buildings and HOAs is essential —not only for the health and happiness of residents, but also for the overall well-being of the property itself. As we navigate our fast-paced, post-pandemic world, nurturing relationships has become vital. Creating connections through social programming helps engage residents, enhances their day-to-day living […]
Exterior Safety Inspections: Why They Matter for Your Building
Among the most important elements of building maintenance is inspecting and securing the facade, whether it’s brick, stone, stucco, glass, or some other material. Improper installation, neglected maintenance, and plain old natural deterioration over time can all destabilize your building’s exterior, posing a serious risk to both residents and passers-by in the form of falling […]
Hate your HOA rules? There may be a way around them (MA)
When a Cape Cod homeowners association hired attorney Richard D. Vetstein of Vetstein Law Group in Framingham to review their homeowner’s association covenants, he made a shocking find. A little-noticed 2017 Massachusetts Appeals Court ruling meant the restrictions in that association’s covenant, which dated to 1977, had expired unnoticed more than a decade ago. Vetstein […]
Condo Insurance Explained
Condo living is very unique and can make life a little more simple in the long run with great amenities and help with maintenance and upkeep. However, condo insurance is a little more complex than insurance for homeowners or apartment landlords. Condo insurance is broken into two main areas: individual unit insurance and master insurance […]
When It Comes to Condominium Maintenance, the Answer Isn’t Always Clear
When considering the maintenance obligations of community associations and condominium owners, the governing principal seems clear: Unit owners are responsible for maintaining and repairing anything within the boundaries of their units; the association is responsible for common areas and components outside of them. But few aspects of community association governance are perfectly clear, and maintenance […]
The Role of the Board President: Your Community’s Chief Administrator
Just as a ship cannot steer without its captain, a board cannot function effectively without its president. Serving as the administrative head, this volunteer position is vital for ensuring the smooth operation of a condo, co-op, or HOA board. The president’s leadership is essential for fostering collaboration and aligning the board’s decisions with the community’s […]
Essential Pre-Winter Maintenance for Buildings & HOAs: Battening Down the Hatches
As autumn sets in and we savor the crisp air and vibrant foliage, it is time for co-ops, condos, and HOAs to focus on the essential maintenance tasks that can help protect their properties during the winter months. Winter, especially in regions like New England, can be harsh and unpredictable. Proper planning now not only […]
Managing Aging Residents: Adapting to Changing Needs
Homeownership is a long-term commitment for most. In the context of a multifamily community like a condo or co-op, it’s not unusual for many owners and shareholders in the building to have purchased their units around the same time in early adulthood or middle age, raised their families there, and stayed put after the kids […]
Fiduciary Duty Explained: One for All – Not All for On
As members of co-op corporations and condominium associations, we often hear the term fiduciary duty bandied about. But what does it really mean to be a fiduciary? Stated simply, the term ‘fiduciary’ means trust. When a person managing the finances or property of another person or group is acting as a fiduciary, that means they […]
Amending Bylaws and House Rules: When & Why
A community’s governing documents, including its bylaws and house rules, are like a country’s constitution and laws. They are—or at least they should be—‘living’ documents that like our state and national laws and constitution, occasionally need review and amendment in order to remain relevant, meaningful, and respected. The question is how often, and how much? […]
CTA Reporting
Problem: Our board is preparing to file the “Beneficial Ownership Information” report, but one member flatly refuses to provide the information we need. What can we do either to compel his cooperation or to avoid the penalties for filing late, or not filing at all, if he does not? Read the Q&A………………………………..
CTA Filing Questions Answered and Update
We all know that “time flies when you’re having fun“. It also accelerates at warp speed when you’re anticipating a deadline for an undesirable task. Condominium associations are facing such a deadline January 1, 2025. That is when most associations must comply with the Corporate Transparency Act, (CTA), requiring them to identify the people who […]
Multifamily Energy Conservation Tips: From Audits to LEDs
Energy efficiency and reducing emissions has become a hot topic (no pun intended) in recent years across New England, with more and more gadgets and devices coming on the market specifically designed to use less energy and save money. Saving energy does a lot more than just reduce your building’s carbon footprint and toxic emissions—and […]
Climate Change vs. Multifamily HVAC Systems: Hotter Summers, Wetter Winters Demand Adaptation
The impacts of climate change are vast and interrelated. While natural factors like solar variations, the planet’s orbital shifts, and volcanic eruptions occur cyclically and have nothing to do with people, human activity adds significantly to greenhouse gas emissions. According to the United States Environmental Protection Agency (EPA), these influences have driven average winter temperatures […]
New Energy Technology: A Look at What’s Here, and What’s Coming
Perhaps the most pressing long-term issue for our society and the planet as a whole is the threat posed by climate change. While some may still deny the established facts, the reality remains that the world is warming at an unprecedented—and unsustainable—rate, with the blame for this resting squarely on human activity based around fossil […]
Rising Insurance Premiums: High Costs Force Tough Decisions for Boards
Over the past few years, operating expenses for everything from fuel to labor to the cost of cleaning supplies have been steadily rising—and disrupting co-op and condo association budgets—all over the country. The premiums for properly insuring our homes, which for many is their most important investment, are among the most alarmingly steep increases. Unfortunately, […]
Smarter, Greener Landscaping: Friendly to the Planet— & The Community
Any community looking to create and/or maintain a landscaped area these days ought to consider integrating smarter, greener practices and products to maximize environmental benefits, minimize overuse of resources, and sustainably provide beauty, respite, and outdoor activities to members. Today’s multifamily landscaping is not only about aesthetically pleasing outdoor spaces; it also plays a vital […]
The Headless HOA (or Co-op or Condo): Can a Common-Interest Community Exist without a Board?
New England Condominum recently received a question from a reader along these lines. The individual is the current president of her association in an unspecified city. She and her current board colleagues all plan to step down this year, but no one from her 20-unit building submitted their candidacy paperwork when the notice to do […]
Finding Condo Insurance is Challenging – Affording It Can Be Difficult Too (MA)
Insurance has always ranked high on the list of challenges for condominium association boards. But inflation, federal regulations and risks related to climate change are making it more difficult for boards to fulfill their obligation to maintain adequate insurance for their communities. The two biggest challenges: Finding coverage and affording it Read the article…………………………….
Responsibilities of a Condo Board Association (MA)
Are you a natural born leader and want to get more involved in your community, and have the authority to decide what happens with your condo association’s finances, rules, and maintenance? Being a part of the Homeowners Association Board may be the right fit for you. Read the article…………………………….
Going Solar in a Condo Association (MA)
More and more Americans are going solar every year. The economic and environmental benefits are hard to ignore. Let’s take a closer look at how going solar within an association differs from individual homeowners and how these solar projects can work. Read the article…………………………….