There are many things that make attorneys cringe, but there is one phrase that makes them want to pull the covers over their heads:  “After I signed the contract….”  That’s like saying, “After I jumped in the pond, I realized it was infested with snakes.”  There’s not much an attorney can do for you at that point, except call an ambulance or an undertaker. 

Poorly drafted contracts, unlike snake bites, aren’t going to be fatal for a condominium  association, but they may contain conditions that could be expensive and harmful.  That’s why the association’s attorney should always review contracts before you sign them.  (You knew I was going to say that!) It is also why I’m going to concentrate here on the provisions boards either want to include or want to avoid in construction contracts and contracts with their vendors. 

Marcus Errico Emmer & Brooks, P.C. is pleased to announce the recovery of nearly $600,000 on behalf of a small South Shore condominium association in a construction defect and water damage dispute against its developer. The association had long been burdened by serious construction defects and resulting water damage that the developer had failed to adequately address. Nearly three years ago, the association presented the developer with a pre-suit demand of $300,000 — a figure the developer declined to meaningfully engage with at the time. Unwilling to leave the association without recourse, litigation partner Seth Barnett filed suit to protect the association's interests and hold the developer accountable.

On May 22, 2026, HUD issued a memorandum titled “Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act.” The memorandum states that, “effective immediately,” HUD requires a reasonable accommodation only for animals trained to provide disability-related assistance. HUD explained that “an entire industry has emerged to convert pets into emotional support animals” and stated that it had not intended its earlier, broader guidance to be treated by courts as requiring the allowance of emotional support animals.

To rent or not to rent association amenities to non-owners. That is a question boards often ponder as they eye opportunities to increase their revenue. But third party rentals also entail risks that boards must recognize and weigh against the potential benefits. 

Liability is the most obvious risk but it isn’t first on the list.  That distinction goes to the Americans with Disabilities Act (ADA).  By renting space to third parties, a community association might be classified as a “place of public accommodation” subject to the ADA and thus required to make common areas and amenities accessible to individuals with disabilities.

Fannie Mae and Freddie Mac have recently updated their guidelines for condominium loans. Will lenders now revise the questionnaires they submit to condominium associations and do associations have to answer all questions?

It’s spring. The snow is gone.  Birds are singing and the green thumbs of condominium residents are itching to plant the flowers of which they’ve been dreaming all winter.  They will need the board’s permission before they start digging anywhere, however. 

That is true not just in common areas, where, with rare exceptions, owners should not be allowed to plant anything, but in limited common areas designated for an owner’s exclusive use, where boards can and should control what gets planted and where.    

Pretty roses adjacent to the owner’s fence  shouldn’t pose any problems, but bamboo, which  can pop up several feet from where it is planted (in the yard next door, for example);  English ivy, which spreads quickly, both horizontally and vertically and tends to attract rodents; and poison ivy, which poses other obvious problems, are likely to prove unpopular with the neighbors. 

The Problem: The local Board of Health determined that the association’s heat pump must be replaced before the pool can be opened for the season.

At a recent hearing before the Massachusetts Supreme Judicial Court, MEEB attorney Thom Aylesworth argued on behalf of a manufactured housing (a/k/a mobile home) resident association in an appeal of the association’s victory in the Superior Court. The appeal marks the last stage of a six-year long legal battle in which MEEB has represented the Pocasset Park Association in a lawsuit brought by an out-of-state investor, Crown Communities.

On March 18, 2026, Fannie Mae announced significant changes for condominium lending in Lender Letter LL-2026-03. There is some good news and some bad news. These updated guidelines are intended to strengthen the financial health and capital planning of condominium communities, with a focus on ensuring long-term structural integrity and sustainability for homeowners. Accordingly, boards and property managers must carefully review these changes as they have a direct and immediate impact on condominium lending, insurance requirements, budgets, and reserves. Fannie Mae guidelines apply to all condominium projects, but specific project review standards apply to projects with five or more attached units. *See waiver provisions below.

An owner sent the board a letter complaining about the association’s  snow-removal contractor.  He says the contractor waits too long before beginning to plow and doesn’t do an adequate job of clearing the snow and treating the ice.  The letter says the owner is putting the board on notice that if anyone slips and falls, the association will be sued for negligence.  This is the only complaint about snow removal the board has received.  How should we respond?