Condo Media - June 2014 - 16

by Gary M. Daddario, Esq.

C A I

R e g i o n a l

N e w s

NEW HAMPSHIRE

Being an Eco-Friendly State
Going Green Is Critically Important

his month's Condo Media
theme is "going green." This
has long been the term used
to describe the philosophy
of structuring our lives to be more
environmentally friendly. When I was
informed of the going green theme,
my mind involuntarily conjured up
the words of the great and wise Kermit the Frog. (Yes, I described Kermit
as great and wise.) Kermit said "it's
not easy being green." Despite the
fact that Kermit's reference was not to
the environment and that becoming
eco-friendly is of critical importance, I
think the phrase applies.
It can be difficult to fully understand what is involved with going
green and many folks may find some
obstacles to making some of the
changes required. In this article, I will
discuss some suggestions and implications from the perspective of the
condominium association.

Steps to Take

One environmental issue is our carbon
footprint. For some of us, it is the
sports utility vehicle; for others, the
draw is toward a performance car.
Either way, a lot of us have a love affair with the power of the gas-fueled
combustion engine. Thus, altering
our automobiles is one of the difficult
changes involved with going green.
However, fully electric automobiles
are gaining in popularity and improving in performance.
However, from the condominium
association perspective, this solution raises some questions. Unless a
community is originally planned with
electric vehicles in mind, the transition introduces myriad issues. How
16

Condo Media * June 2014

will charging stations be installed?
Where? Who will pay for them? Who
will maintain them? Who will be liable
for any charging station-related issues?
Can insurance be obtained to protect
for such issues? And, if so, who will
pay for it? How will the electric bills
be segregated and distributed? What
happens to a charging station if the
owner moves? Does installation of
a charging station mean that a unit
owner has taken over (regardless of
size) some portion of common area?
If so, what are the implications?
In sum, electric cars are good for
the environment, but at condominium
associations, additional details need
to be ironed out prior to mass acceptance.
Another environmental issue is
conservation of resources. Again, in
the condominium context, there are
more complex details than in the average single-family home. With respect
to electricity, some great strategies are
those we've heard before: transition to
high-efficiency bulbs in common areas, use solar power where possible for
outdoor lighting, and when possible,
use timers to control when devices
are drawing power (e.g., parking lot
lights, pool equipment).
A really green association may try
to persuade unit owners to undertake
similar measures within their units.
A much-consumed resource is
water. In Massachusetts, the condominium statute affords associations
the right to install, among other
conservation devices, water-saving
equipment (e.g., low-flow toilets,
faucet aerators, water-conserving
showerheads) in the units where
such units are not separately

metered. The expense associated
with such devices is allowed, under
the statute, to be assessed to the
units in the same manner as other
common expense assessments. The
adoption of such a statutory provision in New Hampshire would
allow state associations to take steps
toward conserving water in condominium communities.
Another powerful tool for treating our planet properly is recycling.
Municipalities are increasingly including recycling programs in conjunction with the trash pickup services.
In New Hampshire, I am aware of
municipalities that allow for recycling
as well as those that mandate it. I
am also aware of New Hampshire
recycling that is funded through taxes
and recycling which must be paid for
separately by the resident through
private contractors. Many condominium communities do not have municipal trash pickup; however, some
do. Furthermore, I have seen some
condominiums successfully petition
their local municipality for such trash
pickup. In sum, the argument is that
as taxpayers, those who live in community settings should not receive
disparate treatment with respect to
municipal services. In any event, with
the availability of private contractors
for recycling, establishing such a program to reduce trash waste is another
manner in which condominiums can
progress in the journey toward being
eco-friendly. CM
Gary M. Daddario, Esq., is a partner
with the law firm of Perkins and Anctil, P.C., and a longstanding member
of CAI.

Condo Media - June 2014

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