Condo Media - May 2015 - 33

CAI-NE SILVER PARTNER PROFILE

don't want them in the community. He
notes the dilemma faced by a board if
the condominium developer, concerned
about selling units, had allowed owners
to have pets despite a no-pet policy. Pet
owners probably wouldn't have moved
into the community had they known
their pets would be barred. However,
the board also has to consider the
feelings of owners who chose the community precisely because they thought
pets weren't allowed.
If a large majority of owners support
the no-pet policy, Lombardi suggests
the board either grandfather pet owners, allowing them to keep their existing
pets but prohibiting them from acquiring others, or give them plenty of time
either to sell their units or to ﬁnd homes
for the pets they have to relinquish.

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6

Can boards withhold amenities from delinquent owners?
They can, but they need a rule
or a bylaw provision authorizing
them to do so, Perkins says. He thinks
amending the bylaws is preferable
for associations that want to pursue
this policy, but he doesn't believe
withholding amenities is the best way
for boards to manage delinquencies.
They're better advised to adopt effective collections policies, moving
quickly on delinquencies to preserve
their rights under the superlien and
maximize their ability to collect delinquent payments.

7

Are owners allowed to see
financial records?
Most state condominium statues, including those in New England,
define broadly the records to which
owners must have access, and those
definitions typically include financial
records-budgets, invoices, and accounting reports among them. But the
statutes also allow boards to exclude
some records, among them:

n Documents covered by attorneyclient privilege-for example,
communications about pending
litigation.

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Serving clients in all of NH and northern MA
May 2015

33
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