Condo Media - May 2021 - 45

In other cases, world events have revealed changes which may be useful.
The Uniform Law Commission drafted the Act, which was later submitted to
Vermont for adoption, and is currently
reviewing it to determine what, if any,
amendments should be adopted.
If there are situations which have
arisen in which the Act itself or a
judicial construction of the Act has
provided confusing or apparently unintended results, it would be worth a conversation with counsel about whether a
change can be proposed.
For example, revisiting the attorney's
fees issue discussed above, I was surprised by an argument made by opposing
counsel that a declaration provision
mandating an award of legal fees to the
prevailing party was unenforceable
because Section 4-117 of the Act, which
authorizes, but does not require, such
an award, is not among the sections of
the Act which expressly provide that
they may be modified by agreement.
Trial courts have great discretion in the
matter of attorney's fee awards, and have
construed Section 4-117 very differently.
There is, of course, the perpetual
thorny question of the application of
the Act to pre-existing communities.
Certain provisions of the Act apply to
pre-existing communities as to occurrences after the effective date of the Act,
but not where the application would
invalidate the provisions of existing
declarations and bylaws. The effect of
the latter provision may be to deprive
unit owners of very significant protections - such as the Act's open meeting
provisions - if the association's bylaws
set out more limited meeting requirements. How a court would rule on that
issue, if presented with it, is not clear,
but that in and of itself is troubling.
It's not clear what the amendments
to the Act the ULC may propose, but I,
for one, will stay tuned.
■ CHRISTINA A. JENSEN, ESQ.
IS WITH THE LAW FIRM OF
LISMAN LECKERLING, P.C.

When Your Buildings
Look Their Best,
So Do You.
Your company's reputation depends
on how well your buildings look and
on how well they are maintained.
We're here to help. Statewide RM
specializes in restoring and
maintaining your exterior façade. We
have a reputation for providing high
quality work at a reasonable cost.
When your buildings look their best,
so will you.

617.686.3302

kﬁtzgibbon@statewiderm.com

Masonry Restoration * Historic Restoration * Waterproo
Waterproofing

Statewide RM
P.O. Box 1682, Brookline, MA 02446

Sealant Replacement * Coating Systems * General Contracting

www.StatewideRM.com

www.hkinsurance.com

Expert focus on Value vs Price is our business.
Serving clients since 1961, we don't just duplicate your
policy - we work with you to make sure you're getting the
best value for your dollar. Listening, understanding,
and frequent reviews help us tailor the right coverage for
each association's specific insurance needs.
Give us a call, or visit our website today.

617-612-6504
Brendon Kilcoyne, CIC

brendonkilcoyne@hkinsurance.com

May 2021 CONDOMEDIA

Condo Media - May 2021

Table of Contents for the Digital Edition of Condo Media - May 2021