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 […]
Protecting Self & Staff: Don’t Skip the Liability Coverage!
Ahhh, lawsuits. People suing people. Companies suing companies. People suing companies. Residents suing boards. A quick surf of the Internet and you can find many instances across the country where condo boards are sued. You can also find multiple lawsuits in which boards are sued for possible misappropriation of funds. Read more……..
Who’s Responsible for Repairs? Board and Owner Maintenance Responsibilities
Say you’re in bed, and you hear what sounds like the shower going. It’s late, and you’re tired, so you pay it no mind. You wake up at 4 a.m. to get a glass of water and find half the rooms in your apartment flooded— you forgot to turn the shower off! You throw blankets […]
The ABCs of Insuring Your Condo: Common Terms and Options for Insurance
The experts who advise condo associations on insurance matters admit that the basic policies are pretty standardized and often seem to be all the same. Trustees may tend to gloss over the details and assume that anything important relative to condo communities is already built in to their coverage—and much of the important stuff probably […]
Water, Water Everywhere – Here Comes the Flood
Flood” might as well be synonymous with “dread.” Or “mess.” Or “insurance hassle.” Think back to the devastating footage after Hurricane Sandy, and you may have a number of questions about flood zones and flood insurance. Knowing the ins-and-outs of flood insurance before an incident happens, though, can help you navigate those stormy waters should […]
SJC (MA) Removes Uncertainty and Contortions from Condominium Construction Defect Claims
The state’s highest court upheld an Appeals Court ruling (Wyman v. Ayer Properties) holding that the economic loss rule limiting recovery in tort actions should not be applied to community association claims for defects in the original construction and design of a condominium’s common areas. The SJC also rejected a formula for calculating damages the […]
A Primer: Economic Loss Doctrine Not Necessarily Bar to Tort Recovery (MA)
Although the “economic loss doctrine” has historically barred recovery of certain classes of tort damages, the Massachusetts Supreme Judicial Court recently affirmed an Appeals Court decision holding that the doctrine did not bar a condominium association’s negligent construction claim against a developer for alleged faulty construction. The Court’s ruling in Wyman v. Ayer Properties. LLC, […]
Clearing the Air: Boards Must Respond When Residents Complain about Secondhand Smoke
Although the population of smokers is declining, community associations continue to struggle with disputes between smoking and non-smoking residents. A California jury recently found a homeowners association negligent for failing to resolve one such conflict. Read more………
Legal Files – You Can’t Make This Stuff Up
Sometimes it’s a shady developer or a crooked contractor. Sometimes it’s the unit owner you just can’t get rid of. There are times when it’s actually nobody’s fault and just the Byzantine nature of some state or federal laws, but the lawsuits and legal actions that condominium lawyers run across in their careers are often […]
Avoiding Legal Blunders – Board Missteps Can Be Expensive for Associations
You’ve just been elected to your condo board of trustees. On the one hand, you’re honored. A few neighbors have offered a congratulatory handshake, and now you’re in the mood to pop the bubbly. On the other, there’s a sense of hesitation. You’ve placed your trust in your fellow board members, some of whom have […]
Vetting Contracts Before You Sign – Know What You’re Getting Into
Condominium associations should seek professional help before signing on the dotted line of an unfamiliar contract. Signing too quickly may result in big regrets, say managers and attorneys. Be cautious, and nail down the specifics first. Read more……..
The 2014 Legislative Agenda in New England
The old saying that the only sure things in life are death and taxes leaves out a third certainty: legislation. Across New England each year, thousands of bills get filed in state legislatures, many of them as mundane as the naming of a bridge or a new state “something”—like designating the Fluffernutter as Massachusetts’ official […]
Going Green to Save Green
These days, it seems like everybody is looking to ‘go green.’ The term is shorthand for a movement of environmental awareness that involves everything from the way architects design new buildings and homes to the ways HOAs recycle their waste. In other words, green means to help the environment by reducing the amount of energy […]
Pets, Pools & Pilates
Years ago, when you bought a co-op or condo apartment, you looked for a unit that had the right number of bedrooms and bathrooms, a perfectly-sized kitchen, and some great living space. For the longest time, that ideal combination was all a condo needed to attract a buyer to a particular building or association. […]
From Sand Lots to Play Dates
For condominium communities with families, an outdoor area that includes a playground with swings, slides and other features can be a major amenity. Many parents have fond memories of their own childhoods, with hours spent testing physical prowess and burning up energy with peers on a neighborhood or schoolyard “jungle gym.” Read more……..
Staying Ahead of Trouble: Building Exteriors Need Regular Checkups, Too
Remember the old jingle, ‘it takes a licking and keeps on ticking’? It was the famous tagline from the Timex watch advertisements. The gist of the ad is that no matter what you threw at it, a Timex watch kept working. Read more……..
Saving for That Rainy Day: Reserve Funding for Your Condo Projects
These days, just about everyone is cutting back on spending, either to make ends meet, saving for something special or a rainy day, paying off debt or funding their retirement. Consumers are cutting coupons, looking for deals and keeping a close eye on their dollars. Whenever costs or fees go up and consumers have to […]
Keeping it Clean: Your Guide to Exterior Maintenance and Upkeep
Living in New England can be something of a dirty job. And the task of cleaning off months (or years) of accumulated grime and dirt from the exterior of a building takes much more than a scrub-brush and a bottle of Windex; it requires professional help. Read more…….
Up on the Roof: The Perils of Skipping Maintenance of Rooftop Equipment
It’s not unusual today to find an array of amenities —pools, hot tubs, decks and similar areas for socializing — on top of new urban condominium buildings. Older residences may or may not have such facilities, but even without the steady use by owners, their roofs are likely to sprout weak spots where the materials […]
Broader Understanding of Condominium Fees Hasn’t Ended Disputes over Offsets
Court decisions usually attract our attention because they break original legal ground by creating new precedents or overturning existing ones. But sometimes a decision stands out because it demonstrates that a legal principle established at the appellate level is gaining acceptance and traction closer to ground level in the courts below. Read more………
Cultivating Community: Social Functions Help Create a Sense of Belonging
The ethos of a homeowners association—to be open and welcoming—furthers the collective strength of a community. Therefore, it’s incumbent on trustees, board members and managers to foster a stronger, more cohesive sense of community. This is often achieved by holding social functions in addition to regular meetings, such as sponsoring activities outside the building or […]
Board Owner Do’s and Don’ts: What Makes a Board Successful
It only takes a few minutes of a web search to uncover the traits that make a successful person or business owner. For example, Entrepreneur magazine’s Steven Key wrote the article, “5 Qualities of Successful Persons,” which included such traits as open-mindedness, unwavering passion, and a forward-looking approach. But what makes a board of trustees, […]
Keeping Track of Paperwork: Properly Managing Association Records
While keeping the records of the association is not the most fascinating part of serving on a board of trustees, it is in some ways the most important. In fact, the flow of paperwork is the lifeblood of the community. Read more……..
The Transition Switching from Sponsor to Owner Control
The goal of any property developer is to sell units, but until that objective is reached they have to assume all the day-to-day responsibilities to ensure smooth operations and continued sales. This requires wearing many hats—manager, board member and ombudsmen. As a result, it’s often a a relief when control of the property is transitioned […]
Accuracy Essential – Caution Advisable – for Condominium Boards Delivering Sexual Predator Warnings
What’s in a name? When it comes to warning condominium owners about sexual predators living in their community, the answer is: The potential for huge liability and immense damage awards if the individual identified as a predator turns out not to be one. Read more……..
Live Long and Prosper – Life Spans of Building Systems
Nothing lasts forever, and though you can’t predict the moment a piece of building equipment will break down, you can prepare for it. Even the toughest boiler, HVAC unit, or elevator will eventually tucker out and need major repairs, or just give up the ghost and have to be replaced. And with New England’s penchant […]
Now is The Time – Check Today’s Financing Options for Projects
If you’re on a board in a New England condo or HOA, now is the time that you should be talking about making any of the major improvements that you’ve discussed or considered over the past few years. Even if you have a plan in place to do a roofing project or paving job in […]
Do It Yourself: Can You Save Money with In-House Labor – And Is It Worth It?
A small-scale project is pending, and the management company is considering proposals or bids from several local contractors. The job could be as basic as trimming shrubs, staining decks or wiring some new lighting, so it’s no wonder that the perennial question from board members or trustees arises: “Why can’t our guy [the on-site management […]
SuperMen & SuperWomen! – Importance of Superintendents and Chief Engineers
The life of a super is different every day, but it usually goes something like this: arrive at work each morning; check in with security for any possible situations that have come up during the night; review any outstanding work orders and walks the property, making sure that all of the building mechanicals—such as the […]
Deck the Halls — Or Not: Setting Rules for Holiday Decorating Can Be a Challenge
In an episode of the television classic, “Seinfeld,” George Costanza’s father (played by Jerry Stiller) invents “Festivus—for the rest of us” to mold all the holidays into one event. Attorney Frank Lombardi of the law firm of Goodman, Shapiro & Lombardi, LLC in Lincoln, Rhode Island, jokes that Costanza’s concept might diminish conflicts within communities. […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
High & Mighty: When Boards Go Overboard
There’s nothing worse than being a unit owner in a building and seeing someone on your board breaking a rule and seemingly getting away with it. Read more…..
Just One Big, Happy Family…? Remedies for Dysfunctional Boards
Finding the right balance of involvement between HOAs and condo boards and residents can be like maintaining a healthy relationship with a significant other—you want to be compassionate, responsive and attentive, but not too needy, nosy or aggressive. Read more……
Rules on Records: Importance of Good Record-Keeping
It’s no secret that helping to run a board of directors or board of trustees for a condo association is a thankless task. There are a lot of issues to take care of, and board members are strictly volunteers Read more…..
Just a Minute! Keeping Good Association Minutes Can Avoid Problems Later
In Bolton, Massachusetts, a condo resident owned a truck with commercial license plates and, when it wasn’t in use, he wanted to park it on the property. The previous board gave him approval to do so, but when it came time to produce proof of this decision to the new board, the resident couldn’t produce […]
Old Man Winter’s Coming: Now is the Time to Prepare for Winter’s Arrival!
A cold, wet spring turned quickly into a hot, humid summer rife with thunderstorms and localized flooding throughout the northeast. As autumn starts to paint the region’s foliage, community association boards and managers are looking at long-range forecasts and, in their annual ritual, wondering what winter will hold this year. Read more……
Insuring Honesty and Integrity: Two Must-Have Insurance Policies for Boards
When you decide to run for a board, you’re usually thinking about all the great changes you’re going to make to your building community, along with all the time and effort that you’re prepared to sacrifice for the good of your home. Read more…….
Contractor Coverage & Liability
All professional contractors and service providers are required by law to carry insurance to cover their activities. Any condo building should also carry its own insurance to cover accidents or other incidents on the property—this could include anything from slip-and-falls to staff injuries to damage from doing electrical work. Read more…..
Understanding Your Insurance Policy’s Fine-Print
Surprise. Surprise. The major storm events we’ve experienced in New England may give condo owners and trustees a very good reason to look at the insurance coverage for all of their association properties. Read more….