Condo Media - December 2013 - 9

by Matthew W. Gaines, Esq.

MASSACHUSETTS

C A I

Support S. 602, S. 603, and S. 726

Senate Bill 602 - An act to clarify
chapter 183A of the general laws
* Filed by Senator Brian A. Joyce and
referred to the Housing Committee.
This bill seeks to accomplish two
goals. First, the bill will clean up a
contradiction in the Massachusetts
Condominium Act regarding the
process for granting easements and
limited common areas. Second, the
bill will add a new provision to the
Condominium Act stating that if
condominium documents require
the consent of mortgagees to amend
the documents, and the mortgagee does not respond to a written
request for such consent within 60
days, consent shall be deemed given.
Given the difficulty in obtaining
a timely response from the large
national banks, this amendment will
save associations significant time and
expenses associated with trying to
obtain mortgagee consents.
Senate Bill 603 - An act to clarify
condominium priority liens
* Filed by Senator Brian A. Joyce and
referred to the Housing Committee. This bill seeks to clarify the fact
that a condominium association's
priority lien for common expenses
is not limited to one six-month lien
period, but shall include all sixmonth lien periods established in
accordance with the statute. This

bill is critical to ensuring that associations can continue to enforce
multiple priority liens over the first
mortgage. Given that the common
expenses are the life blood of a
condominium association, the need
to adequately protect an association's lien for common expenses is
essential.
Senate Bill 726 - An act relative
to construction defect claims by
condominium owners
* Filed by Senator James B. Eldridge and referred to the Judiciary
Committee. This bill would clarify
that the tolling of the statute of
limitations and statue of repose for
construction defect claims against a
developer by the condominium association would not begin until the
developer has turned over control of
the condominium association to the
unit owners. This bill would correct
the serious inequity that currently
exists whereby a developer retains
control of the association for an
extended period of time effectively
preventing any remedy for the unit
owners against the developer for
construction defects.

state senator to voice your support
for these three bills.
When calling or emailing, you
should inform the senator or representative that you are his or her constituent, a member of CAI, and that
these bills are important to you. For
additional postcards to provide to all
your association unit owners, contact
the CAI-NE office at 781-237-9020
x13. CM
Matthew W. Gaines, Esq., is chair of
the CAI MALAC and a frequent chapter speaker and Condo Media author.

IT'S A MASSIVE
COVER UP!

Show Your Support

As these bills progress through the
legislative process, the LAC needs
support from Massachusetts constituents to get the bills passed. An easy
first step in showing your support
is to sign and include your mailing address on the enclosed postage
paid postcard and return to CAI-NE
where it will in turn be forwarded to
your state legislators. Then, call and/
or email your state representative and

wtphelan.com

Since 1898

Condo Media * December 2013

N e w s

he Massachusetts Legislative
Action Committee (MALAC)
drafted and filed three bills for
the 2013-2014 legislative session that will have a positive impact on
condominium associations throughout
Massachusetts.

R e g i o n a l

Call to Action

Condo Media - December 2013

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