Condo Media - November 2019 - 47

or a special meeting? How must notice
be provided? Are there requirements
for what must be stated in the
notice for a unit owner meeting?
For example, many condominium
documents require the notice of a unit
owner meeting must state any items
to be voted on at the meeting (i.e.
elections, amendments, etc.). If you
fail to state in the notice that a vote
will be taken on an item, and the vote
is taken, it may be subject to challenge.
COMMON QUESTIONS
AND ISSUES
A unit owner wants to record
the board or unit owner meeting.
Do we have to allow them to do so?
No. Massachusetts is a two-party
consent state. This means that it is
illegal in Massachusetts to record a
conversation with another person
unless you first obtain their consent
to do so. As such, the board may deny
a request to record a board or unit
owner meeting.
Do we have to keep minutes of
board and unit owner meetings?
Under the Massachusetts
Condominium Act there is no
requirement that minutes be kept of
either board or unit owner meetings;
however, some condominium
documents do contain such a
requirement, and thus, it is important
to check your documents. Even though
there is no requirement for minutes
to be kept, it is a good idea to do so
as it allows for a record of what was
discussed and decided at the meetings,
and often can serve as a helpful
reminder or to-do list for boards
regarding items that need follow up.
What should and should not be
included in meeting minutes?
The first tip is to remember that
they are called minutes not hours.
Many associations put far too much
detail in meeting minutes. The
meeting minutes should be a record
of what was done at the meeting,
not what was said by the attendees.
It is not necessary to transcribe
every comment made, but rather
the minutes should be a summary

of what was discussed and any
decisions made or actions to be taken.
Minutes should not include any
personal or confidential information.
For example, any discussions at a
board meeting regarding delinquent
accounts or personnel matters
should not be included in minutes.
In addition, discussions regarding
pending or threatened litigation
should not be included in the minutes.
These matters should also not be
discussed in an open board meeting
which unit owners are allowed to
attend, but rather should only be
discussed in executive session.
Do we have to allow unit owners
to attend and participate in
board meetings?
This is probably one of the more
common questions we get. The
Massachusetts Condominium Act
is silent on this issue, however, a
small percentage of condominium
documents require board meetings be
open to unit owners. If the documents
are also silent on the issue, whether
or not to allow unit owners to attend
and participate in board meetings is
left entirely up to the discretion of the
board. Some associations have closed
board meetings; some associations
open all of their board meetings to unit
owners; and some associations only
open some board meetings (perhaps
every other board meeting is open
to the owners). There is no right or
wrong approach here, and ultimately
the board needs to decide what works
best for them. If board meetings
are open to unit owners, so that the
board can conduct the meeting in an
efficient manner without repeated
interruptions, most boards will limit
unit owner participation to the end of
the meeting.
Do we have to allow non-unit owners
to attend unit owner meetings?
The short answer is no. There is no
requirement that a board allow a
non-unit owner to attend a unit owner
meeting (except if the individual is
attending in the capacity of the proxy
holder for the unit owner). This
issue usually arises when there is an

absentee owner who rents his or her
unit. Often times the tenant wants
to attend the unit owner meeting.
Unless the tenant has a proxy from the
unit owner, the board is not required
to allow the tenant to attend. Some
associations allow tenants to attend
unit owner meetings, but will limit or
restrict the tenants' participation in
the meeting.
As a general rule, unless the
condominium documents specifically
state otherwise, the operation and
conduct of a board meeting and unit
owner meeting is left to the discretion
of the board. It is important for the
board to assert control and establish
rules for meetings so as not to allow
a group of angry or disgruntled unit
owners to monopolize the meeting.
n MATTHEW W. GAINES, ESQ.
IS A PARTNER WITH THE LAW
FIRM MARCUS, ERRICO, EMMER &
BROOKS, P.C.

FROM

DAILY MAINTENANCE
TO

FINANCIAL MANAGEMENT
WE TAKE CARE OF
ALL ASPECTS
OF YOUR PROPERTY

978-452-7708
www.apmanages.com
PO BOX 315, North Billerica, MA 01862

November 2019 CONDOMEDIA

47
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