Written by Amanda on . Posted in BOT, Owners Area, Pull Up a Chair.
What Can Be Done?
PROBLEM: 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.
SOLUTION: The association’s relationship is with the owner, not the guest, so the board’s enforcement actions must target the owner.
Written by Amanda on . Posted in BOT, Pull Up a Chair.
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.
Written by Amanda on . Posted in BOT, Pull Up a Chair.
Written by Amanda on . Posted in BOT, Owners Area, Pull Up a Chair.
MEEB SUCCESSFULLY DEFENDS ASSOCIATION’S ASSESSMENT AGAINST OWNER SAYS NO TO PAYING FOR BUILDING NOT LIVED IN
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.
Written by Amanda on . Posted in BOT, Pull Up a Chair.
“This is a disgusting mess?” How many parents have said that about a teenager’s room?
The number who have not said it would no doubt be considerably smaller – probably close to zero. But in this case, the comment was coming from a condominium manager, who was describing the living room of an owner she thought was a “hoarder.” A parent can tell a teen, “Clean your room or else.” Dealing with an owner (“my home, my castle”) is obviously more complicated; dealing with a hoarder is several orders of magnitude more complicated still.
The key question is whether the mess the manager sees is the result of poor housekeeping or hoarding. It is a distinction with a critical difference, determining whether and to what extent the association’s board can or should intervene. The fault line will be whether the condition of the unit poses a threat to common areas, other units or the health and safety of residents.