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?

Federal and state fair housing laws prohibit discrimination against families with children. This should not be news to anyone. But the federal Housing for Older Persons Act (HOPA), enacted in1995, allows “age-restricted” housing communities to bar anyone younger than 55. HOPA allows two types of age-restricted communities. The most common requires 80 percent of the units to be occupied by at least one resident who is 55 or older. The remaining 20 percent may be occupied by residents younger than 55. This is known as the 80-20 rule. The other HOPA option, less common because it is more restrictive, requires a minimum age of at least 62 for all residents.

Are condominium associations required to report the names of newly elected board members whenever the board changes?

If condominium board members are compiling a list of New Years’ resolutions, a commitment to staying on top of association collections should definitely be on it. This is always important, but it is likely to be especially important this year for three reasons:

Inflation is increasing the cost of major projects, which in turn will increase the size of the assessments on owners and the association loans required to pay for the projects. 

Inflation is also forcing some associations to increase common area fees, adding to the financial strain on owners who are already struggling with rising costs. 

Slower growth and economic uncertainty could boost unemployment, creating another risk for households and for condo associations.

The New Year brings new legislative sessions in Massachusetts, Rhode Island and New Hampshire. MEEB Partners Matt Gaines, Janet Aronson and Gary Daddario, who chair or co-chair the Community Association Institute of New England’s Legislative Action Committees, (LACs), are watching for bills that would be harmful to condominiums and they’ve already found a few. In this report, they summarize the bills their committees are tracking and the measures they may be considering.

Confused about whether your association can hold virtual meetings and allow owners to vote electronically? You’re not alone. The Massachusetts Legislature last year amended the state’s condominium statute to specifically authorize both virtual meetings and electronic voting. That was a good thing. Before the statutory change, associations could hold virtual meetings and allow electronic voting only if their documents provided that authority.

An owner wants to review minutes of board meetings and association financial records covering the past five years. This owner is a notorious troublemaker, who complains constantly about the board and regularly threatens to sue us. Do we have to provide information that we know he will use as ammunition for future attacks?

Condominium trustees and property managers in Massachusetts face growing exposure to housing discrimination complaints under the federal Fair Housing Act (FHA) and state anti-discrimination laws. While many of these complaints are ultimately dismissed, those that move forward before the Massachusetts Commission Against Discrimination (MCAD) or in court can be costly and time-consuming to defend.

The key to minimizing risk is not only responding properly to accommodation and modification requests but also managing the process intelligently from the first contact through any potential litigation.

In a sharply worded decision issued this Summer, the Suffolk Superior Court ruled in favor of Condominium Association represented by MEEB after a bench trial centered around rule enforcement and unauthorized modifications. The Court found that the unit owner “deliberately” violated condominium rules by installing her personal air-conditioning equipment in the building’s common areas without approval.

The Court ordered the owner to remove all unauthorized installations, restore the common areas, and pay more than $65,000 in attorneys’ fees and costs to the Association. The case was tried by MEEB Partner, partner Seth Barnett. After trial, the unit owner paid the judgment in full and removed the HVAC system at her own expense.

In a dictionary definition of “thankless tasks,” serving on a condominium board would justifiably rank near the top. That is why filling board positions -and keeping them filled – is so difficult for many condominium communities, and why preventing burnout for trustees who are willing to serve - sometimes for decades - is so important. Although the ‘problem solved’ heading suggests that we will offer a solution to the problem, we don’t have a cure all, unfortunately.