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.
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.
When Boston and Cambridge enacted “right-to-charge” ordinances in 2019 and 2022, respectively, codifying the rights of electric vehicle owners to install charging stations in multi-family buildings, industry executives predicted that Massachusetts lawmakers would eventually follow suit. They were right.
A sweeping climate bill enacted at the end of last year includes a statewide “right to charge” provision, prohibiting condominium associations and homeowners’ associations from banning or unreasonably restricting the installation of charging stations in areas used exclusively by owners. The state law closely tracks the language in the local ordinances, with a few tweaks clarifying the authority of HOAs and condo associations to review installations and to regulate them. We’ve compiled the following list of FAQs to help condominium boards understand and comply with the new law.
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