Condo Media - December 2024 - 26

MATTHEW W. GAINES, ESQ.
Legislative Update
Marcus, Errico, Emmer & Brooks P.C.
Braintree, MA
CHAIR
Massachusetts Legislative Action
Committee (MALAC)
[MALAC]
2024 CAI Massachusetts
Legislative Session Report
THE CAI MASSACHUSETTS LEGISLATIVE ACTION COMMITTEE (MALAC) spent the 2024 legislative session advocating
on behalf of the approximately 1,655,000 Bay Staters living in 642,000 homes in more than 11,230 community associations.
Massachusetts' 2023-2024 formal legislative session began on Jan. 3, 2023, and adjourned on July 31, 2024. The General Court
goes into an informal legislative session for the remainder of the year, which means substantive work has been concluded for the time being,
but legislators can discuss specific legislative items as needed.
Here are highlights from the 2024 half of the Massachusetts General Court:
H 1338/S 900: AN ACT RELATIVE TO ELECTRONIC MEETINGS
AND VOTING IN CONDOMINIUMS
These bills, introduced as a package, would allow for condominiums to
hold meetings and votes electronically, in line with CAI's public policy.
Since the onset of the pandemic, amending MGL c. 183A to add provisions
relative to electronic meetings and voting in condominiums has
been a top priority for the MALAC. With the passage of this legislation,
all condominiums in Massachusetts will now be able to hold unit owner
and board meetings via online or other remote means. In addition,
the legislation also permits associations to conduct elections and other
voting online or by using other electronic methods.
Many condominium documents specify that board and unit owner meetings
must be held in person, and any vote at a meeting must be in writing.
As such, up until now, if a board or unit owner meeting were to be held
online or remotely, or if voting were to take place electronically, for such
acts to occur, it would likely require an amendment to the condominium
documents, with the approval of a super-majority of the unit owners.
This was often difficult to obtain.
Recognizing this issue, and the fact that allowing for online meetings
and voting would increase participation, MALAC drafted legislation to allow
for all condominiums to conduct meetings and voting by electronic means
without having to amend their documents. This change to the law will
increase the efficiency of board and owner meetings by streamlining the
meeting process and will increase unit owner participation and engagement
by allowing owners who would not be able to participate in person
to attend meetings.
The LAC worked with legislators on the introduction of both bills.
Eventually, the provisions of these bills were folded into H 4977, An Act
relative to the Affordable Homes Act, via an amendment in the Senate
and concurrence in the House. A call-to-action campaign went out in August,
urging Massachusetts homeowners, community managers, and business
partners to email Gov. Healey to urge her to sign H 4977.
STATUS: Successfully passed as H 4977, signed by Gov. Healey.
Effective immediately.
26 CONDOMEDIA December 2024
H 2310: AN ACT ENHANCING THE
SAFETY OF HIGH-RISE BUILDINGS
The MALAC monitored this bill - a refile of previously
seen legislative proposals. It would have required
buildings built before 1975 to be fitted with automatic
fire sprinkler systems.
STATUS: Died in committee.
H 1334: AN ACT ESTABLISHING AN OFFICE OF
THE CONDOMINIUM OMBUDSMAN
The MALAC opposed this bill, a reintroduction of
legislation from the previous legislative session
that would require the creation of a condominium
ombudsman office within the Office of the Attorney
General. The ombudsman would be given the
authority to promulgate rules to assist in disputes
and create educational programs. The ombudsman
would be required to publish annual reports and
provide recommendations to the Attorney General
for changes to rules and procedures.
STATUS: Continued into Informal Session.

Condo Media - December 2024

Table of Contents for the Digital Edition of Condo Media - December 2024