Condo Media - March 2011 - 48

LEGISLATIVE UPDATE

owners can’t help themselves, there isn’t much associations can or should be required to do to help them.”

Massachusetts
Matt Gaines, an associate with Marcus, Errico, Emmer & Brooks and chair of the Massachusetts LAC, has found the number of bills targeting condominiums seems to increase every year. The total reached about 35 last year, compared with 15 the year before. Many of those bills deal with specific problems individual owners encounter in their communities. “Not everyone is happy in his or her community association,” Gaines notes, and many of those unhappy owners turn to their legislators for help. The ongoing challenge for the LAC is to prevent very specific concerns about one community from becoming the foundation for legislation that would affect all common interest ownership communities in the state.

“Our argument [in response to these bills],” Gaines says, “is that every condominium is different. A four-unit community and a 400-unit community don’t operate in the same way.” Chapter 183a, the state’s condominium statute, is “an enabling statute” for good reason, Gaines explains. It is designed so that owners can adopt rules tailored to the needs of their communities. That’s an argument the LAC expects to be making repeatedly again this year, Gaines says, because the disputes that make owners turn to their legislators “aren’t going away.” Aside from those unpredictable legislative proposals, the LAC anticipates that, as in past years, many of the condominium bills will be re-files of measures introduced in the past. Proposals calling for open meetings and increased disclosure will almost certainly be on the list, Gaines noted, as the transparency of association governance remains a major concern.

Celebrating our 25th Year!
1986 Property Management of Andover (PMA) is founded by James Toscano. 1988 Colleen Scharn hired and still at PMA. 1988 Linda O’Brien hired as Senior Property Manager and still at PMA. 1991 The first attempt at Super Lien legislation is sponsored by PMA filed on Beacon Hill on behalf of James Toscano, PMA, No. 5339. 1991 Tammy Serverius hired as office manager and still at PMA. 1999 James Toscano earns P.C.A.M. designation from C.A.I. 2011 25 years, 19 employees, 3,200 homes & 35 communities.

We’ve been here for the communities and their members through the best and worst of times, and always will be. PROPERTY MANAGEMENT OF ANDOVER
978-683-4101 pmandover.com

“The LAC isn’t against transparency,” he emphasizes, “We just want to be sure it is achieved in the right way.” The open meeting law is an example. The broadly worded measures introduced in the past requiring boards to hold open meetings have not protected the confidentiality of legal advice boards receive from association attorneys and other information subject to privacy requirements. The LAC has not opposed the open meeting requirement, Gaines emphasizes, but it has proposed compromise language addressing the confidentiality concerns. The committee also had “productive conversations” with legislators last year about a measure that would have required community associations to disclose financial and other information about the community to prospective purchasers. Both the administrative burdens and potential liability created for associations would have been problematic, Gaines says. The measure died in committee, “but we wouldn’t be surprised to see it again,” Gaines says, and if it does reappear, “the LAC has amended language ready to introduce.” One additional unknown this year will be how the turnover in the House and Senate resulting from the November elections will affect the legislative agenda. The LAC will be looking for opportunities to educate new committee chairmen, new committee members and their staffs about condominium issues, Gaines says. The industry benefits from the ability to explain how community associations operate and how specific legislation affects them, Gaines says. But lawmakers, who “can’t be experts on everything,” also benefit from the industry’s expertise. “Last year, on a couple of occasions, Housing Committee members reached out to us,” seeking input on pending measures, Gaines notes, “and we want legislators to know we are always willing to do that.” CM

CONDO MEDIA • MARCH 2011

Condo Media - March 2011

Table of Contents for the Digital Edition of Condo Media - March 2011