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?

An owner invites a good friend frequently to spend weekends with her. Although this is a non-smoking community, this friend insists on smoking inside the owner’s unit, on her patio, and in common area hallways – all specifically forbidden by association rules.

On June 12, LD 1133 was signed into law in Maine by Governor Mills, establishing a “right-to-charge” in Maine common interest communities effective January 1, 2026. The bill as originally introduced fell short of balancing the interests and concerns of associations but, in part through the advocacy of the Community Associations Institute’s Maine Legislative Action Committee, the final law was revised to be very similar to “right-to-charge” laws adopted in other states.

Under the new law, associations may not prohibit or unreasonably restrict owners from installing electric vehicle chargers in their owned or limited common element parking spaces. Unit owners wishing to install such charging stations must obtain approval from their association boards for installation of an electric vehicle charger and agree in writing to: 1) comply with the provisions of the governing documents regarding additions, alterations, or improvements; 2) provide proof of insurance satisfactory to the board; 3) be responsible for the costs of installing the charging station (including legal costs, any related increase in the master insurance premiums, engineering fees, and the costs of permits and zoning compliance costs); and 4) be responsible for the electricity usage associated with the charger.

Condo association boards generally have considerable leeway to establish the rules and procedures governing their meetings, subject only to any requirements established by state law and their governing documents. Apart from these typically minimal requirements (addressing mainly the frequency of meetings, quorum and advance notice) boards can usually organize their meetings however they choose. While there aren’t a lot of specific requirements for board meetings, there are best practices boards should follow to ensure that their meetings operate smoothly, with minimal friction among board members and between the board and the owners they represent. I’m going to focus on some common questions that highlight the most important best practices we recommend to our clients.

Despite our collective efforts over the years, clients continue to make special assessments which could spell trouble if owners don’t pay them.

If there has been one common refrain from this office over the years, it’s that a board should never call an assessment a special assessment. Why you ask? Because under the Massachusetts Condominium Statute (M.G.L. c. 183A, s. 6(c)), special assessments—along with late fees, interest and fines—are expressly not part of the priority lien that a condo can obtain. Therefore, our ability to collect an unpaid special assessment is greatly limited as compared to collecting regular monthly fees or supplemental fees.

However, we continue to see clients making special assessments and unfortunately, have collection issues when an owner, or owners, are unable to pay it. Unfortunately, recategorizing a special assessment after it has been assessed is often too late.

Because anyone can sue anyone for anything, you won’t find many associations that haven’t been sued by someone for something. You can’t make your community litigation-proof. But there are steps you can take to reduce your litigation risks.

The best place to start is with the maintenance of common areas. Maintenance is one of the primary responsibilities of community associations. Allegations that the board has failed to fulfill those obligations underlie many – and perhaps most - of the suits owners file against them. To avoid those suits, boards should:

A long-time resident is showing early signs of dementia. She forgets to bring in newspapers and doesn’t always recognize people she knows. A neighbor found her recently standing in the hallway, unable to remember which unit was hers. The problems are intermittent; most of the time, she seems fine. We think her symptoms will worsen with time, but she insists she doesn’t need help and her children agree.

In a recent court decision, the Massachusetts Superior Court agreed with MEEB that a unit owner could not avoid paying an assessment because they didn’t use a portion of the common areas. In Gaab, et al. v. Board of Trustees of Townhomes at Beecher Place Condominium Trust, the owners of a unit filed a lawsuit asking the judge to declare that they have no obligation to pay any portion of an assessment to cover the costs of foundation repairs and earthwork needed to stop one of the condominium buildings from sinking.