Condo Media - July 2015 - 37

this is the first time such legislation has
been filed in Massachusetts, the concept
currently exists in other states. The
purpose of the office would be to receive,
investigate, and resolve through administrative action complaints received by
unit owners, boards, and other parties.
The ombudsman would develop policies
and procedures to assist unit owners,
boards, property managers, and other
parties to understand their rights and
responsibilities. In addition, a mediation
program would be established within
the ombudsman's office to help resolve
disputes between unit owners and boards.
MALAC has serious concerns about this
bill. Studies show that the ombudsman
offices established in other states are
not having the intended positive results.
MALAC plans to work with legislative
leaders on this matter as the bill moves
through the legislative process.

Finally, MALAC is actively pursuing
two legislative initiatives. S. 707, An Act
to clarify condominium priority liens,
seeks a legislative clarification to the current law regarding a condo's priority lien
for condo fees over the first mortgage. For
the past 20 years, condos have successfully obtained multiple priority liens over a
first mortgage on a unit. This is necessary
in order to maintain the financial stability
of the condominium. However, recently,
this practice has come under attack by
large national lending institutions. The
bill filed by MALAC simply seeks to
clarify the law to confirm what has been
in practice for the past 20 years.
The second bill filed by MALAC, S.
815, An Act relative to construction
defect claims by condominium owners,
pertains to construction defect lawsuits
filed by condo associations against the
developer. Given that the developer often

retains control of the governing board
of the association for many years, due
to the current statute of limitations for
construction defect cases, it is often impossible for unit owners to file a lawsuit
against a developer for construction defects. This is simply unfair. This bill would
level the playing field by allowing unit
owners additional time to file a lawsuit
against the developer.
As MALAC continues to advocate for
and against bills impacting condominium
associations, we are hopeful that the
legislative leaders will continue to heed
our concerns when provided and seek our
counsel when needed.
n MATTHEW W. GAINES, ESQ., IS
AN ASSOCIATE WITH THE LAW FIRM
OF MARCUS, ERRICO, EMMER, AND
BROOKS, PC, AND CHAIR OF MALAC.

"Setting a Higher Standard of Management"
Specializing in Condo and HOA Association Management
Interactive Community Association Web Sites Included!
Customized Management Plans
Electronic invoice approval system
North Point is an Accredited Association Management Company.
We are 1 of the 3 in Massachusetts and the only AAMC in New Hampshire!
Quality Management at a competitive price

877-423-5050

NP@NorthPointManagement.com * www.NorthPointManagement.com
Offices in Amherst, NH * Andover, MA and Stoughton, MA
July 2015

37
http://www.ccaco.com http://www.ccaco.com
Condo Media - July 2015

Table of Contents for the Digital Edition of Condo Media - July 2015
