Condominium Insider

MEEB’s Condo Law Newsletter

Governance and Board Operations, Collections and Lien Enforcement, Construction Defect Litigation, General Litigation, Insurance and Risk, Fair Housing and Accomodations, Maintenance and Repairs, Rules and Enforcement, Lending and Finance, Landlord Tenant, Legislation and Regulatory Updates, MEEB Case Results, Resolutions and Amendments Mark S. Einhorn, Esq. Governance and Board Operations, Collections and Lien Enforcement, Construction Defect Litigation, General Litigation, Insurance and Risk, Fair Housing and Accomodations, Maintenance and Repairs, Rules and Enforcement, Lending and Finance, Landlord Tenant, Legislation and Regulatory Updates, MEEB Case Results, Resolutions and Amendments Mark S. Einhorn, Esq.

HOW TO DEAL WITH A ‘BAD’ CONDOMINIUM TENANT - CONTACT THE OWNER

If a condominium owner regularly plays loud music, rolls golf balls across an uncarpeted floor, otherwise disturbs other residents or violates association rules, the board’s response is clear: Notify the owner that he or she is violating the rules and fine him/her if the violations continue. But what if the annoying resident is a tenant, not an owner? 

The response isn’t quite as straightforward. The board has no direct relationship with the tenant, no authority to enforce the association’s rules against him, and certainly no authority to evict him, unless the governing documents specifically grant that authority, which most do not.  The board’s relationship is with the owner of the unit, who is the tenant’s landlord, so any actions the board takes should start there.

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Governance and Board Operations, General Litigation, Insurance and Risk Matthew W. Gaines, Esq. Governance and Board Operations, General Litigation, Insurance and Risk Matthew W. Gaines, Esq.

CRIME IS BOTH A CONCERN AND A POTENTIAL LIABILITY RISK FOR COMMUNITY ASSOCIATIONS

Are community associations required to protect residents from the criminal acts of third parties? This question usually arises after press reports of a crime committed in a condominium community for which the association is being sued. Until fairly recently, the generally accepted answer was – no.  While boards might be required in some circumstances to address the criminal acts, or potential criminal acts of residents – for example, when one resident threatens to harm others – they had no obligation to protect residents from burglaries, assaults, rapes or other crimes committed by third parties who had no relationship with the association.

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Rules and Enforcement, Governance and Board Operations, General Litigation Janet Oulousian Aronson, Esq. Rules and Enforcement, Governance and Board Operations, General Litigation Janet Oulousian Aronson, Esq.

PROBLEM SOLVED – SMOKER VS. NON-SMOKER

An owner who doesn’t smoke is fighting with a neighbor who does. The non-smoking owner says the second hand smoke seeping into his unit is a health hazard and has threatened to sue the board if we don’t “do something about it.” The smoking owner says he has a right to smoke in his unit and has threatened to sue if we do anything to interfere with that right. What should the board do?

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General Litigation, Rules and Enforcement, MEEB Case Results Seth B. Barnett, Esq. General Litigation, Rules and Enforcement, MEEB Case Results Seth B. Barnett, Esq.

COURT REBUKES UNIT OWNER FOR UNAUTHORIZED ALTERATIONS: TRUSTEES PREVAIL AT TRIAL

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.

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