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 […]
Got Conflict? Get Mediation!
Understanding what mediation is, how it works, the benefits for all parties, and the types of disputes that can be resolved with mediation, demonstrates how mediation can be an effective alternative to litigation. Read the article………….
Obtaining Prescriptions for ‘Therapy Pets’ Is Easy; Rejecting Accommodations Based on Them Is Not
We face many challenges in life. Obtaining a doctor’s note certifying the need for an emotional support animal isn’t one of them. And for condo association board members and managers, this is a source of considerable and increasing frustration. Read the article……………
Developers’ Rights Decisions: Puzzling, Perturbing, and Problematic
Litigation is unpredictable. That’s no surprise to anyone who fights court battles regularly. It is also a theme reflected in three recent court decisions dealing with developer rights. In the first case, Condominiums at Lilac Lane v. Monument Garden, LLC, the New Hampshire Supreme Court ruled that additions to an existing condominium were not subject […]
What Boards Should Know About Finances: Keeping Your Community in the Black
Money, money, money. The world runs on it. And your building’s well-being depends on it. The issue is not just having funds, but managing them. Handling the finances for an entire building or association is a major responsibility, and boards—even those made up with seasoned members—need to stay on top of their community’s performance. That […]
Hiring—and Paying—Contractors: Who Holds the Purse Strings?
Co-op, condo and HOA living represents a unique social arrangement; it’s a paid-for membership club and a home at the same time. Many people enter into this arrangement without a complete understanding of the responsibilities of membership. Others, fully aware of their community responsibility, volunteer to help guide, shepherd and monitor the health and welfare […]
Inadequate Reserves: The Risks of Not Keeping Up
There are few feelings worse than encountering an unexpected expense and finding the piggy bank empty. That is why reserve funds and reserve studies are such important elements in the financial well-being of co-ops, condos and homeowners associations. It pays to keep a close eye on those numbers and adhere to the planning available through […]
The State of Smoking: LegalMarijuana vs. Smoking Policies
While the exhortation to “smoke ‘em if you got ‘em” has never really gone out of style, one should take caution before lighting up just anywhere. Many places, from restaurants to airplanes to hospitals, expressly and strictly forbid anyone from smoking anything at all. And while those nonsmoking spaces are fairly cut-and-dry, the rules are […]
Issues That Cross State Lines: A Look at Condo Legislation Trends
When it comes to legislation and legal issues that apply to condo associations, co-ops, and other multifamily housing models, the focus is often local—city ordinances, council meetings, and so forth – but there are judgments handed down and bills passed that impact buildings and HOAs on a national level. For boards and managers who want […]
Condo Boards Beware: Risks Outweigh Advantages of Using E-mail to Discuss Association Business
It is a sign of technology’s fast and firm grip that few of us can remember a time when we communicated by mail (letters inserted in envelopes, affixed with stamps and delivered by the post office) rather than e-mail, delivered instantly to one recipient or dozens of them by pressing the “send” button on a […]
Maintaining ‘Niche’ Amenities: Special Amenities May Need Special Care
Once upon a time, when someone purchased a condo or co-op, their ownership came with the privilege of using the building’s amenities. Those who lived in a building with a fitness room equipped with treadmills and weights considered themselves fortunate, and those whose building had a swimming pool were downright envied. Fast forward to today […]
Prepping Your Property for Warmer Weather
With the end of winter comes relief. No more snow or sleet or slush or sludge; it’s sunshine and windbreaker season, baby! But the board of a condo, cooperative or homeowners association cannot be content with simply waiting for April showers to bring the long-awaited May flowers. A lot of work must be done to […]
Playground Innovations: What’s New in Fun
Most kids these days have never had more options when it comes to fun: video games and electronic entertainment of every kind are ubiquitous, and all sorts of mobile toys, too. But amid a national childhood obesity epidemic, the need for children to play and exert the energy that builds up in fast-growing little bodies […]
Underground Storage Tanks May Create Environmental and Liability Risks for Condo Associations (MA)
Do you have LUST? Not “in your heart,” as former President Jimmy Carter once confessed, but buried underground, somewhere in your condominium community? That ‘LUST’ is an acronym for “Leaking Underground Storage Tanks,” either currently in use or abandoned long ago, that could have leaked and may still be leaking fuel oil, gasoline or other […]
Seasonal Maintenance: A Year-Round Responsibility
Building maintenance follows a schedule based on the seasons, each of which presents a unique set of challenges to a co-op or condo. At certain times of the year, it just makes sense to do certain regular maintenance projects: weatherizing, boiler maintenance, winterizing gardens and landscaping in the fall; cleaning, repainting, pruning, and switching off […]
Aesthetic Rules in Co-ops, Condos & HOAs: A Matter of Taste?
For many people, one of the most attractive aspects of co-op or condo living is the fact that everything, from the windows to the elevators to the numbers on the apartment doors, looks great. Clean, bright, elegant and well-maintained. For residents, visitors, and prospective buyers alike, it is easy to see how much time and […]
Caring For Trees: The Right Tree, in the Right Place
Trees may seem like the ultimate in low-maintenance landscaping; they’re naturally occurring, live for decades (sometimes centuries), don’t really require much in the way of watering, and sometimes don’t even need pruning. But while all that is true, in fact in a residential setting, trees require much more care and consideration than one would think. […]
Appeals Court Concludes That Condominium Board Does Not Have the Ability to Dismiss Lawsuit Where Majority of Board Had Conflict of Interest
Condominium developers have long employed creative measures for avoiding liability for deficient construction – whether it’s baking self-serving anti-litigation provisions into the condominium documents or using single-purpose asset-less entities to develop the condominium. One practice that developers have commonly employed – after they have been sued by the association – is to “pack” the condominium […]
Marijuana Statute (MA) Raises Questions about Condo Insurance Coverage and Employment Rules
Proponents of the new state law permitting recreational use of marijuana, and the voters who approved it, viewed the measure as a long overdue move to put marijuana in the same category as alcoholic beverages ? no more or less harmful and no more or less subject to abuse than beer and wine. Voting ‘yes’ […]
Don’t Touch that Sidewalk! Doing Too Much Could Be as Problematic for Condo Associations as Doing Too Little
We regularly advise condominium boards to be wary of taking on obligations beyond those state laws or their association’s governing documents require them to assume. A recent decision by a Massachusetts Appeals Court adds a judicial exclamation point to that advice. Read the article…………
Avoiding Discrimination and Its Legal Consequences: The Power of Equality
Despite the fact that most people would agree that discrimination is a bad thing, discrimination persists, which suggests either that existing laws against it are sometimes ignored, or that the legal definition of ‘discrimination’ isn’t always clear. Fortunately, when it comes to condos, co-ops and HOAs there are laws at the federal, state and local […]
Building a Stronger Community: Encouraging Neighbors
Are condominiums, co-ops and HOAs cohesive communities? Is community part and parcel of what purchasers are seeking when they buy into a co-op, condo or HOA? The concept of ‘community cohesiveness’ could be defined as a community in which there is a common vision and a sense of belonging, and where the diversity of people’s […]
Update on Marijuana Law: What is the 6-month Delay?
Last month, I advised all Massachusetts condominiums to adopt master deed amendments banning the smoking, growing and/or distribution (if your condominium contains commercial units) of marijuana. Since, then you may have heard that the Massachusetts Legislature voted to delay the “marijuana bill” an additional 6 months. What does this mean. The legislative delay only impacts […]
Back From the Brink: Financial Ruin — and Recovery
happens infrequently, but when it does, it can be an enormous challenge: a co-op corporation or condo development has a long-running squabble with the building sponsor/developer, falls victim to long-term mishandling of funds — or outright fraud — by the board, or has to undertake a major unexpected or ill-prepared-for repair project. All of a […]
Outsourcing Services: Getting the Most for Your Community’s Dollar
In the perennial struggle to control costs while still adequately maintaining a building or HOA’s physical plant, grounds, and other day-to-day business, some boards and managers are opting to hire superintendents, custodians, and other staff on a temporary, as-needed basis, or to partner up with neighboring associations to share one super or groundskeeper between them. […]
Service-Based Amenities: Adding Value, But at What Cost?
In major US cities these days, the decision to live in one co-op or condo building versus another often hinges upon the style of living afforded in a particular property. Whether it is defined partly by a full-scale gym and spa, a children’s study room/library, a community room or another common space, the physical amenities […]
A Look Forward Pros Predict What May Move the Needle in Condos/Co-ops/HOAs in 2017
Another year is behind us, and what a year it was! While 2017 and beyond promise to be eventful in myriad ways, it probably makes sense to focus solely on what’s ahead in the world of condominiums, cooperatives and homeowners associations for the moment. In an effort to ascertain what we can look forward to, […]
Recreational Marijuana Hits MA: Why Evey Condo Needs to Amend Their Documents to Prohibit Smoking, Growing & Selling
On December 15, 2016 the recreational use of marijuana became legal in the Commonwealth of Massachusetts, after voters on election day approved Ballot Question 4 The Regulation and Taxation of Marijuana Act. Personally, I do not think that everyone knew what they were voting for. The new recreational marijuana law did not simply legalize or […]
Preserving Developer Rights and Protecting Association Interests
Relations between the developers who produce condominiums and the owners who purchase them are not always harmonious, to say the least. They clash over many issues, but disputes over retained developers’ rights and construction defects are among the most common. These disputes are also complex and often result in litigation. Read the article…………….
Snow Removal: No Business Like Snow Business
Time will tell whether global warming and climate change eventually make winter – and its attendant snow, ice, sleet, and other challenging weather issues – extinct, but for now at least, the colder months can take a seasonal toll on buildings and surrounding property. With the proper planning, forethought, and communication, however, building administrators can […]
Surveillance and the Law: Maintaining Safety While Respecting Privacy
Secure. The word has many meanings. According to Google definitions it can mean “to fix or attach something to something else. It can mean to protect against threats or make safe. Or it can mean to feel free from fear or anxiety.” Perhaps that feeling of security is the single most important thing we can […]
Emergency Preparation: Planning for Worst-Case Scenarios
Some days it rains, some days it pours—and some days, there’s a Category 4 hurricane. And while the latter is relatively rare, it can be a true disaster, and any condominium, co-op or homeowner’s association worth its salt should be prepared for it. Whether storm, fire, earthquake or freak accident, a board must take into […]
Neighborhood Watch: Maintain Your Community’s Safety, Safely
Everyone is right to be concerned with the safety of their communities, whether they live in an area highly susceptible to crime or a sleepy Mayberry-esque hamlet. Condominiums, cooperatives, and homeowners’ associations are no exception; in fact, the communal nature of these environments may make it even more likely that residents would want to band […]
Wood-Destroying Pests: How to Protect Your Property
Whether interior or exterior, well-built, properly-maintained woodwork can last for centuries—but if wood-boring pests like beetles, termites, and carpenter ants find their way into the wood, they can wreak all kinds of havoc. Wood-destroying insects are more than a nuisance; they are dangerous and can cause significant, costly damage to the structure of a home, […]
Holiday Decorating: Keeping it Festive, Tasteful, and Fair
Since before recorded history, people have celebrated events, often decorating homes and public spaces to mark this or that special day or event. We still love to adorn our doors, windows, and other areas with festive décor at different times of year, but in a modern, densely-populated setting like a co-op, condo or HOA, the […]
Funding Your Reserves: Banking Against Surprises
Bill and Martha Jensen bought a new condominium in Brockton in 1995 and lived there for 19 years. In 2014 they sold the unit to Max and Rita Diaz. A year later, the condominium association’s board of directors voted to replace the building’s roof and imposed a special assessment to pay for the project. “That’s […]
A Look at Election Fraud: Staying on the Up and Up
Every co-op, condo, and HOA must elect a board of directors to oversee the community’s finances, physical maintenance, and other day-to- day operations. While board elections don’t rise quite to the level of a state or even local election in terms of gravitas, an apathetic or inept board can profoundly impact the cohesion and quality […]
When Residents Are Disruptive: Tips for Keeping the Peace
Despite living in association, sometimes disputes erupt. Some residents just can’t be reasoned with. They’ll bother the board or other residents in various ways: noise at all hours, smells, maybe even just being a pest. No matter what it is, issues like these need to be dealt with before they become bigger (and more expensive) […]
Home-Based Businesses: Challenges for Today’s Co-ops, Condos and HOAs
According to U.S. Small Business Administration statistics, over half of all small businesses begun in the last decade have been home-based—that’s more than 38 million in real numbers—with a new home-based business being launched every 12 seconds. Home-based businesses (HBB) earn more than $427 billion per year. So what businesses can be run from a […]
Pet Policies in Boards and Associations: From No Pets to Petopia
Although it may sometimes feel as if our pets have the run of the land, humans are still the masters of their own domains. In order to maintain this status quo—especially in a communal environment such as a condominium, cooperative or homeowners’ association—we need to establish a set of ground rules regarding pet care, lest […]
Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming
According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that defendants frequently assume amount to waivers of subrogation are actually insufficient to establish the existence of a waiver. In […]
Indoor Air Quality for Co-ops, Condos and HOAs
Few things in life are as precious yet underappreciated as clean air. We take it for granted. Breathe in, breathe out—we rarely even notice the action. Ensuring that the air we breathe is clean, fresh and safe is one of the myriad responsibilities that boards and building managers must undertake on behalf of their residents […]
Getting the Lead Out: Protecting New England’s Drinking Water
While Flint, Michigan may have been the highest profile case of water being contaminated with lead in recent years, lead is an issue that water systems across the country have to navigate and monitor closely. Earlier this year, elevated levels of lead were found in the drinking fountains at two Boston public schools; the fountains […]
Pokémon, Zika and Marijuana Are Creating New Concerns and New Risks for Condo Associations
The risks confronting condo associations are generally well-known. Although there are always variations on old themes, the risk fundamentals don’t tend to change much from year to year. But every now and then new risks emerge, like Loch-ness monsters from the deep, to threaten condo communities and challenge the boards and managers who oversee them. […]
Workers’ Compensation: What Your Board-Management Team Should Know
For over a century, states have had laws, rules and regulations in place to ensure that employees who are injured while performing their jobs are adequately taken care of. An uninsured employer that finds itself embroiled in a workers’ compensation claim may face a severe financial burden. Thus it is imperative that any entity either […]
So You Want to be a Board Member – Now What?
I wish someone had told me the nuances of trying to cultivate a community while also trying to manage a business,” said Pat Burke, the current president of the Fieldstondale co-op in the Riverdale section of the Bronx, when asked what he wished someone had told him when he joined his co-op board 12 years […]
Companion Pets and Service Animals: How Do You Determine a Reasonable Accommodation?
Probably the biggest point of tension for any condo, HOA or co-op board is a pet ban. Enacting one can be a heated affair, leading to fights and arguments throughout the building community, but maintaining a ban on pets can also result in a massive headache. “I wish I could say otherwise, but the abuse […]
Mass. SJC Holds HOA/COA May Obtain Successive 6-Month Priority Liens for Unpaid Common Expenses
The Supreme Judicial Court of Massachusetts recently held that a homeowners association may establish and enforce multiple contemporaneous liens for unpaid common expenses, each with a six-month period of priority over the first mortgage, by filing successive legal actions. Read the article…………….