The birds are chirping, the trees are plush and green, and the beaches are lined with people. The record-breaking winter of only a few months ago, when inch after inch of snow piled up in New England, causing trouble for roads, businesses, and private homes—it’s hard to believe it ever happened. Summer months can offer […]
Money Talks: Communicating About Condo Finances
Imagine sitting down with your significant other to pay the monthly bills. You both put your checks into a joint account and know how much there is to take care of expenses, or so you think. Out of his wallet your husband pulls out receipts for a new suit, dinner with his friends and a […]
Dealing with Code Violations: Better Safe Than Sorry
Remember that “better to be safe than sorry” adage? It applies to condo associations with regard to building code violations. Not only does it apply, it’s an understatement. No association wants to or intends to violate building codes. It’s the sort of thing that “just happens”—meaning that it often comes as a surprise due to […]
We Don’t Hear You: Handling Board Complaints
Communication is vital to running a successful condo complex or co-op building. So what happens when dwellers complain that board members are not listening and—even worse —ignoring their problems? Well, you can bet it will not foster warm, fuzzy open lines of communication. Instead, it creates animosity and even more problems for a now unpopular, […]
Don’t Raid the Cookie Jar: Capital Budgeting is Essential
Sometimes the future seems like it’s an awfully long way away. If a roof is going to last 30 years, why should we worry about it today? Same with that shiny new boiler or that flat, crack-free pavement just poured two summers ago. Eventually, though, everything new grows old. Wear and tear sets in and […]
Condominium Trustees and Property Managers, and Their Maintenance and Repair Obligations Under Massachusetts Law and the State Sanitary Code
It is widely known that management and control of the common areas of a condominium is vested in the organization of unit owners, which acts by and through its trustees. See McEneaney v. Chestnut Hill Realty Corp., 38 Mass. App. Ct. 573, 578 (1995). The term “organization of unit owners” refers to the “corporation, trust […]
Where there’s smoke, there’s ire: Approaching the hot- button issue of medical marijuana in the housing context
It’s well known that Massachusetts legalized the medical use of marijuana several years ago, but what exactly the move means for landlords and condominium associations remains largely an open question. Read the article…………
Avoiding Litigation: The Power of Alternative Dispute Resolution
With dozens—sometimes hundreds—of people living in a community governed by neighbors, acquaintances and friends, it should be no surprise that disputes occasionally arise in condo buildings. Read the article………….
Liquid Assets: Maintaining a Safe Community Pool
Some lucky condos offer the benefits of an indoor or outdoor swimming pool for their residents; it’s a splashy amenity that many people request when looking for a home…but there are many drawbacks, issues, and liabilities that come with managing a pool. Read the article……….
High Time for Condo Communities: How Will You Handle Medical Marijuana Requests?
One of our clients received a request recently to waive the association’s smoking ban to allow a resident to smoke medically-prescribed marijuana. This is the first such marijuana-related accommodation request our office has seen (though it certainly won’t be the last) since Massachusetts approved a law permitting the use of this otherwise illegal drug for […]
Unique Amenities: What’s New in Today’s Market?
The latest boom of luxury real estate development in New York City seems to have sent seismic waves across the Northeast. In the past five years, luxury buildings in Boston and other East Coast cities have installed almost any amenity they can think of, from rock-climbing walls to driving ranges and pet concierges. Read the […]
The Community Hub: How HOAs Can Make the Most of Their Clubhouse
Condos, co-ops and HOAs draw prospective residents with a wide variety of appealing features, from proximity to an office or family member to amazing views or the concept of having someone else mow the lawn, fix the roof, and maintain the property. For certain residents, however, the biggest appeal of co-op or condo living is […]
Up on the Roof: Roof Decks and Gardens Provide Urban Retreats
When space is a commodity, where can condominium associations put their gardens, their social spaces, even their hot tubs? “On the roof,” says Jack Carr, licensed engineer and senior vice president of Criterium Engineers in Portland, Maine. Read the article……….
Can It Wait? Balancing Projects That Must be Done and Projects to Put on Hold
Now that the economy is looking better and heading back toward solvency, building administrators are more inclined to spend money on maintenance projects that they may have been putting off in years past. Of course, many community associations are still feeling the financial burden that has come about over the last few years due to […]
Condominium Unit Owners Cannot Alter Common Areas Without Consent
You own a unit in a Massachusetts condominium and serve on your association’s board of trustees. Your board takes seriously its responsibilities to maintain, repair, and protect the condominium property. One day, the board of trustees learns that a unit owner has altered, or will imminently alter, the common areas and facilities of the condominium. […]
Condominium Unit Owners Cannot Alter Common Areas Without Consent (MA)
You own a unit in a Massachusetts condominium and serve on your association’s board of trustees. Your board takes seriously its responsibilities to maintain, repair, and protect the condominium property. One day, the board of trustees learns that a unit owner has altered, or will imminently alter, the common areas and facilities of the condominium. […]
Insurance Complexities Create Challenges and Liability Risks for Condo Boards and Managers
“My condo community is insured for full replacement value,” the board’s president announced confidently. “Our manager assures us,” he added, “that we have all coverage we need.” I hear these confident assertions often, and they make me shudder. Many condo associations have learned through painful experience that their full replacement policy may not fully cover […]
Ice Dams, Leaks, Budget Gaps and Liability Risks: Some Strategies for Coping with a Winter from Hell
Most of us have never seen a winter like the one that (we hope) has finally ended. We’ve never seen this much snow, temperatures this cold sustained for this long, this many ice dams or this many leaking, sagging roofs. And the damage resulting from these “never seen” conditions is likely to achieve “never seen” […]
Weatherproofing 101: Methods, Materials, and Errors in Waterproofing a Building
The first week of 2015 brought torrential downpours and freezing temperatures to the New England area, and this horrendous wind-driven rain resulted in numerous calls to weatherproofing and waterproofing companies throughout the area from condominiums seeing water creeping into their buildings. Read more………..
Insurance Issues Create Confusion and Risks for Condominium Boards and Owners
It might be possible to find an issue more prone to error and confusion than condominium insurance, but it wouldn’t be easy. Hundreds and probably thousands of treatises have been written on different aspects of this complicated topic, but like a fire that isn’t completely extinguished, the questions keep coming. New questions arise as old […]
A Fine Line: Penalties Meant to Enforce Compliance with Condo Rules
Break the rules. Pay a fine. Repeat. That’s not the way it’s supposed to work—but community associations that don’t keep penalties for rules infractions up to date may find that residents consider it easier (and possibly cheaper) to pay fines than comply with the regulations. Read more……..
A Sound Relationship: Cultivating Connections with Vendors
Dealing with service vendors is a necessity for any condo development, as there are always going to be things that need to be repaired, replaced, serviced, cleaned or renovated. Read more……..
Home Sweet Home: Won’t You Be My Neighbor?
In densely-packed urban environments and sprawling suburban developments, people can often feel isolated despite living in close proximity to their neighbors. Read more…….
Let the Shoveling Begin
Just in case you haven’t noticed, it’s been snowing lately – a lot. And with snow comes slippery conditions, and with slippery conditions comes that nine letter word that strikes fear in the hearts of all property owners – “liability.” Which is why it is absolutely essential for associations and communities to adopt snow and […]
Two for the Price of One? The First Circuit Holds that a Violation of the FDCPA is a Per Se Violation of the Massachusetts Consumer Protection Statute
A recent decision by the United States Court of Appeals for the First Circuit, McDermott v. Marcus, Errico, Emmer & Brooks, P.C., [1] may have broad implications for persons and entities involved in debt-collection activities in Massachusetts. Read more……..
Looking Ahead: What’s in Store for Condominiums in 2015
It’s been said that the more things change, the more they stay the same. As the calendar turns to 2015, that message fits neatly into the condominium picture. There’s no doubt that new technologies, new laws and new philosophies on many aspects of community life are evolving — but at the same time, many of […]
Having the Proper Skill Set: Education Helps Managers Meet Expectations
Property managers are known for wearing many hats, and are expected to be expert in some very diverse topics. Few of them, however, train for and begin their careers as property managers; most came into the industry from other fields. Managers can be anything from ex-teachers to ex-electricians, and often admit to picking up skills […]
Mastering Your Management Partnership: Going Beyond the Contract
Management companies that work with community associations typically begin their working relationship by negotiating a contract. The parties involved do their best to carefully craft an agreement and the terms of service that will cover every task and duty that the association board expects its management firm to do. Management, in turn, identifies the roles […]
Quiz Me: Questions to Ask Before Hiring the Manager
From time to time, a co-op, condo or HOA community may have to hire a new management company. It may be that the current firm just isn’t working out or the community may have decided to transition from self-management to an outside firm. Read more………..
Condominium Superlien: Essential, Effective, Established – and Now Threatened
You’d think a law that has been in place for nearly two decades and is working well by all accounts would be reasonably secure. But apparently not. The condominium superlien, widely credited with helping condominium associations navigate several economic downturns, including the most recent one, with minimal economic damage, is being questioned by lenders, weakened […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
Looking Ahead What’s in Store for Condominiums in 2015?
It’s been said that the more things change, the more they stay the same. As the calendar turns to 2015, that message fits neatly into the condominium picture. There’s no doubt that new technologies, new laws and new philosophies on many aspects of community life are evolving — but at the same time, many of […]
Having the Proper Skill Set Education Helps Managers Meet Expectations
Property managers are known for wearing many hats, and are expected to be expert in some very diverse topics. Few of them, however, train for and begin their careers as property managers; most came into the industry from other fields. Managers can be anything from ex-teachers to ex-electricians, and often admit to picking up skills […]
Mastering Your Management Partnership: Going Beyond the Contract
Management companies that work with community associations typically begin their working relationship by negotiating a contract. The parties involved do their best to carefully craft an agreement and the terms of service that will cover every task and duty that the association board expects its management firm to do. Read more……….
Quiz Me: Questions to Ask Before Hiring the Manager
From time to time, a co-op, condo or HOA community may have to hire a new management company. It may be that the current firm just isn’t working out or the community may have decided to transition from self-management to an outside firm. Before inking a new contract however, there are a few key questions […]
The Demise of the Economic Loss Rule in Construction Defect Litigation
The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s negligence.” Read more……….
Condo verdict vs. Crossen, others upheld (MA)
The Appeals Court has upheld a Superior Court judgment in a dispute between unit owners of condominium units at 303 Commonwealth Ave. in Boston. Read more……..
Holiday Decorations Spur Trivial Disputes but Raise Important Issues for Condominium Associations
The holidays are past; the ubiquitous holiday music has (mercifully) been silenced; and community associations that had been arguing with owners about the holiday decorations they were displaying, or wanted to display, are now arguing about when the decorations should be removed. Read more………
Security vs. Scrutiny: Does Security Trump Privacy for Condo Residents?
Providing safety and security is important, but condominium security providers consider each location a unique challenge. Without caution, an attempt to provide security can backfire, producing anger and anxiety instead. Responsive management helps forestall most worrisome situations. Read more………
Neighborhood Watch Groups: Looking Out for Each Other
It’s often said that safety starts at home—and while many HOAs spend lots of money on sophisticated security and access control systems to protect residents and property, others opt for lower-tech solutions to neighborhood security and crime prevention. Read more………
Disaster Management: Expecting the Best, Preparing for the Worst
While the Boston Marathon bombing of April 2013 stands as the biggest catastrophe to befall the New England area in recent years, residents must be on guard for many potential disasters, be they fires, nor’easters, floods or building collapses. To brace a condominium association for these and many other possible calamities, it’s critical to have […]
Appeals Court Puts Brakes On Condominium Rolling Super Lien Practice
The Massachusetts Condominium Act gives condominium associations the ability to file a “super-lien” for unpaid monthly condominium fees, six months of which is given priority over a first mortgage against the unit. The super-lien has proven to be a very effective method for condominiums to collect delinquent fees because lenders will often pay off the […]
Your Building’s Anatomy: Systems that Keep Your Condo Building Running
From the outside, the structure of a condo, co-op or townhouse building may appear to be monolithic; just pieces of brick, steel, vinyl or wood, punctuated with some glass here and there. That’s an oversimplification, however. A multifamily building is perhaps more like a human body, with a multitude of organs and moving parts working […]
Plumbing the Depths: Pipes, Drains, and Your Building’s Water Supply
Though mostly unseen, a building’s plumbing and piping network is one of its most important systems—as anyone who has ever had to endure a freezing February shower, or who has come home to a flooded floor, can attest. Plumbing includes not only hot water delivery, but water and waste removal—and not all plumbing is hidden. […]
The Human Factor: What You Need to Know About Staff Management
A manager might have to coordinate operations with a single maintenance person or work with any number of doormen, porters, custodians and handypersons depending on the size and nature of the building. When well-trained and motivated, these employees enhance the appeal and ambiance of any property, adding to both the real and perceived value, but […]
Called to Serve: Volunteers for Board Service Often in Short Supply
Speak to any volunteer-run organization, whether it is a town board, the soccer association, a church’s childcare program or the school PTO, and the same complaint resounds: “We don’t have enough people stepping up to serve.” Condominium homeowners associations (HOAs) are no exception. Finding people willing to volunteer for board positions can be difficult. Apathy, […]
Short-term Rentals Create Revenue for Owners but Upset their Neighbors and Perplex Association Boards
An owner in your condominium community has begun renting his unit to vacationers, who occupy it for short periods – a day or a few days ? at a time. The owner is delighted with this new source of income, but his neighbors are less pleased with the revolving door of people they don’t know […]
Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By Building Defects
The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages from the negligent supplier of a defective product when there is no claim of personal injury or damage to other property, does not apply to claims asserted by a condominium association or similar condominium organization seeking compensation for damage […]
Aging Condominium Owners Will Seek More Fair Housing Accommodations
For condominium boards trying to anticipate future challenges, here’s a prediction that bears considering: Fair housing accommodation requests are going to multiply. This prediction doesn’t require a crystal ball; a general knowledge of demographic trends will tell you what you need to know. Baby boomers are getting older and many of these aging boomers are […]