Condo Media - December 2016 - 29

CAI-NE SILVER PARTNER PROFILE

"A $5 fine that seemed
punitive 25 years ago is
relatively meaningless
now."
enforcement actions protect their
rights under state priority lien laws.
Some documents also direct boards to
include the names of delinquent owners in financial reports shared with
residents, raising privacy concerns
and creating significant liability risks.
n Some bylaws contain language barring

the installation of communications
equipment, conflicting with federal
rules prohibiting those bans.

State laws often specify that they will
override any contrary provisions in a
community's governing documents.
So why should a community go to the
trouble (and it is troublesome-see
related sidebar on page 30) to amend
their documents, if it is clear that state
law will prevail? The short answer: To
reduce litigation risks.
Lisman offers this example: A new
provision in Vermont's condominium
statute now specifies that a board must
send notice of an annual meeting at least
30 days in advance. Some bylaws require
notice 15 days before the meeting. A
notice sent 30 days in advance complies
with the state law, but may still be challenged by an owner who says it doesn't
comply with the association's bylaws. The
association may win that legal battle, Lisman notes, but amending the documents
to be consistent with the state law would
eliminate the litigation risk.
To update outdated provisions. Fines
and fees top this list. "A $5 fine that
seemed punitive 25 years ago is relatively meaningless now," Daddario notes.
He recommends relatively open-ended
language that affirms the authority of
boards to impose fines and late fees,
but gives them the discretion to set the
amounts. He also suggests setting a dollar amount for late payment fees rather

Long-Term Experience
Available in the Short-Term
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Winer & Bennett makes a 55-year history of
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is led by Attorney Gary M. Daddario, a fellow of
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co-chairing both attorney and legislative action committees for CAI,
Attorney Daddario is accustomed to keeping clients well informed. With
quarterly attendance at board meetings offered at no charge, Attorney
Daddario is committed to quality relationships and proactive guidance.
With partners devoted to various areas of law, Winer & Bennett offers
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111 Concord Street
P.O. Box 488
Nashua, NH 03061-0488
Tel (603) 882-5157
Fax (603) 882-2694

164 Westford Road, Suite 15
Tyngsboro, MA 01879
Tel (978) 226-6129
Fax (978) 419-4100

Online at www.winerbennett.com

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December 2016

29
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Condo Media - December 2016

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