Condo Media - September 2011 - 13

C A I

The recordkeeping and record access rules are mandatory and apply notwithstanding any contrary provisions in the declaration or bylaws.

aside for unit owner comments. A reasonable rule also might provide that disruptive owners must leave the meeting.

R e g i o n a l

Transparency in Board Operation
Arguably, existing Maine law requires no notice to owners of the time and place of board meetings, no disclosure of what the board has or will discuss at these meetings and no opportunity to attend them. Since condominium boards in Maine and elsewhere are given extraordinary power over most aspects of association governance, the MELAC drafted language attempting to balance the rights of unit owners to know what is going on with the all-too-common problem of unit owner disruption and delay of board meetings, also providing for practical notice of when and where the board will meet. For the most part, the new legal requirements track best practices recommended by experts and observed by most associations. The exceptions for “executive sessions” provide legal protection for the board when considering sensitive matters. The new notice requirements need not be cumbersome and could consist of a copy of the agenda posted in a meeting room or a message sent to those owners who ask to be on an email distribution list. Actual notice is not required to be given to every owner. Unit owners will now have the right to attend board meetings, subject to reasonable rules established by the board, and also subject to being excluded from executive sessions. The new law does not give owners an express right to speak at board meetings. However, the “reasonable rules” the board may establish might include limited rights to speak (perhaps only at the specific invitation of the board or the presiding officer), a time limit or a special agenda item set

What About Older Condominiums?
While most of the new amendments apply to condominiums formed under the Maine Condominium Act, as well as those created prior to 1983 under the previous condominium act (known as the Unit Ownership Act), it is important to note that the amendments dealing with suspension of rights and privileges as well as notice of meetings; executive board meetings do not apply to condominiums created prior to 1983. CM Joseph Carleton Jr., Esq. is a condominium attorney with a practice in Wells, Maine. A CAI member for

CAI will be hosting a seminar on Sept. 24 at the Fireside Inn & Suites in Portland, Maine that will answer questions regarding the new amendments and what your association should do to comply with the new law. While all associations must be aware of the amendments that take effect on Sept. 28, 2011, how associations comply will be unique for each association. For information and to register for the seminar, go to www.caine.org or call (781) 237-9020.

N e w s

more than a decade, he is a former member of MELAC, which he helped to established in 2009 and served as chair until 2011. He currently serves as Maine’s Secretary of the Senate, a position he was elected to in December 2010.

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CONDO MEDIA • SEPTEMBER 2011

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Condo Media - September 2011

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