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| by Seth Emmer, Esq. | ||
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At
the recent National Conference a reoccurring theme was the need for
boards to adopt a kinder and gentler approach in dealing with
homeowners. Though to some
degree, much of this is a swing of the pendulum to the opposite extreme
from rigid, aggressive covenant enforcement and the bad press that has
resulted from it, there are aspects of this new mantra which warrant
attention. Many
of us in this field have repeatedly noted that boards must be far more
cognizant that what they are dealing with are people's homes.
This does not mean that the rules and restrictions should be
ignored. A vast majority of
owners purchase condominiums and other planned units to ensure that
their environment will be a certain way.
That desire should not be ignored.
By the same token, absolute identicality and rigidly enforced
rules create a stifling environment, and concomitant resentment.
What is necessary is an approach which preserves what is truly
important while at the same time affords owners an opportunity to
express themselves and enjoy their home.
Obtaining such a result is not easy.
Hard choices are necessary.
In the end, however, a far more cohesive community will be
created. Equally
import is a board's approach to handling matters which involve an
owner's unit. For instance,
maintenance requests should be dealt with promptly and effectively.
If the issue does not fall in the association's responsibility,
then the owner should be promptly advised so that they might attend to
the matter themselves before more damage is done.
If, on the other hand, it is the association's responsibility, it
should be attended to without unnecessary delay.
Just think, how would you feel if your home continued to be
damaged as that "board" procrastinates in meeting its
responsibilities? The
answer is obvious. As
noted, boards must remember, these are people's homes. Similarly,
and a more striking example is what happens when there are casualty
losses which require a processing of an insurance claim.
Boards must remember that the master property coverage is, in
effect, each owner's homeowner's policy except, in the usual case, for
personal times. Each owner
pays for that coverage as part of their monthly fees.
Thus, legitimate claims which fall under the coverage
should be processed and administered.
All too often boards adopt a we/they attitude.
"Its our policy", "Our premiums will go up",
etc. But think of the other
side. The owner has
suffered a loss. If its
covered they paid their share of the premium for the coverage.
If you were the owner, wouldn't you want the claim promptly and
appropriately adjusted? This
is not an opportunity for the association to profit.
Likewise, it is not a time for bogus claims.
What is important is for boards to see both sides.
True,
small claims can be a constant annoyance and jeopardize the
association's ability to obtain coverage at reasonable premiums.
Those problems can, however, be addressed by setting the
deductible at an appropriate level, leaving it to the owners to cover
losses under that level with their own policies.
What should not occur is for boards to frustrate owners in
recovering when such is warranted. The key to a harmonious community is, as trite as it may sound, for boards to do unto the owners as they would have the owners due onto them. Board members are called upon to devote hundreds of hours at tasks others would avoid. They, and all of them, should be praised and thanked for this devotion. However, in these labors, board members must not loose sight of who they are and what they are administering. They are fellow homeowners administering their neighbor's home. If this thought is kept in the forefront, there will be far less strife in our communities.
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Marcus, Errico, Emmer & Brooks, P.C. |
| 45 Braintree Hill Office Park, Braintree, MA 02184 |
| Telephone: (781) 843-5000 Fax: (781) 843-1529 |
| E-mail: law@meeb.com |