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.

The covenants of our association prohibit pets. An owner who moved in recently is blind and has a seeing-eye dog that she insists she should be allowed to keep. When the board cited her for violating the covenants and began fining her, she sued.

It has been said so often it is trite but nonetheless true:  An oral contract isn’t worth the paper it’s written on.  Also true but not said nearly often enough:  A written lease isn’t worth much either if it doesn’t contain the language needed to protect the landlord.

Landlords have traditionally required tenants to pay the broker’s fee when they rent an apartment, and tenants have generally expected to incur that expense. But this standard practice in the rental housing industry is now illegal in Massachusetts as the result of an amendment to the state law governing the registration of real estate brokers and salespeople. That amendment, which took effect August 1, prohibits landlords from requiring tenants to pay the fee for the landlord’s broker.

Although this is being characterized as significant change, we have argued for a long time that requiring tenants to pay the broker’s fee violated the Massachusetts Security Deposit Law (M.G.L. c. 186 § 15B), which allows landlords to charge tenants in advance for only four items: The first month’s rent, the last month’s rent, a security deposit and the cost of changing the locks on the apartment. The amendment explicitly makes improperly charging a broker’s fee a violation of the Massachusetts Security Deposit Law. This doesn’t really change the existing law, but it will change industry practice by ensuring that landlords comply with the limits the law imposes on what they can require tenants to pay in advance.

Earlier this year, I purchased a condominium unit in Lincoln, NH and it’s been quite interesting being on the ownership side of the condominium world. Being a unit owner has given me a new perspective that will benefit my practice and our clients. If you’ve never been to Lincoln, it’s a truly special place and I highly recommend it. Great scenery, rivers, lakes, mountains and all manner of outdoor activities all year round.

The adventures start at a recent stay in Lincoln. I could hear an odd dripping sound as I was scrolling through Twitter (I refuse to call it “X”) and other internet nonsense. What the heck is that, I thought to myself? I went to the bathroom to find a small but persistent leak coming from the bathroom fan. Like Liam Neeson in the movie Taken, I said to myself that I have a “special set of skills” to deal with exactly this type of situation. I immediately went upstairs to alert my upstairs neighbor, and he informed me that someone had just used the shower, so we were able to easily determine where the leak was coming from.

Our board is concerned about the economy generally and the real estate market in particular. Homes have been selling slowly and a few owners in our community are having trouble selling their units. This isn’t a crisis by any means, but we know from history that it could become one. Is there anything our board can or should do to prepare for stormy weather just in case it comes?