Condo Media - December 2022 - 30

Legislative Update
MELAC
MALAC
CAI Maine
Legislative
Action Committee
CHARLES KATZ-LEAVY, ESQ.
THE MELAC continues to meet on a regular basis with new
delegates joining the MELAC for the upcoming legislative session.
At the September meeting of the MELAC, delegates discussed the
following passed legislation and began discussion around initiatives
for the 2023 legislative session.
● Gas Detector Law, 25 MRS Section 2469. The new gas detector law
applies to " each unit in any building of multifamily occupancy, " which
picks up condominiums with shared walls or fl oors, such as townhouses
and stacked buildings. Under the law, the detectors only need
to be installed in rooms " containing an appliance fueled by propane,
natural gas, or any liquefi ed petroleum. " The law does not require
detectors in units that do not have gas or propane appliances even if
they are in buildings that have gas or propane boilers in the basement.
Also, the obligations fall on the owners, not the association.
● Solar Rights Act, 33 MRS Section 1423. This is a law that applies
to legal instruments created or adopted after Sept. 30, 2009. Legal
instruments include homeowner covenants, declarations, rules, and
similar binding agreements. With limited exceptions, legal instruments
created or adopted after Sept. 30, 2009 cannot prohibit a
person from installing or using a solar energy device on residential
property. There is an exception for property in common ownership
with third parties or common elements of a condominium. The
MELAC is seeking to clarify some vague language in the statute
about " alternatives of reasonably comparable cost and convenience. "
● Maine Condo Act, Declaration Amendments, 33 MRS
Sec. 1602-117. MELAC reviewed the provision of the Act
(Sec. 1602-117, subsection (d)) that requires unanimous (100%)
approval of owners to amend unit boundaries, allocated interests,
the uses to which any unit is restricted, etc. This provision allows
a single holdout to fail to pass an amendment that is desired by
the super majority of owners. In 2017, the MELAC successfully
infl uenced the Maine legislature to approve legislation lowering
the threshold to 80% for larger associations (10+ units), but the
legislation was ultimately vetoed by then-Governor Paul LePage.
MELAC delegates are discussing trying again to lower the
threshold to 80% or 90% with protections for units directly
affected by such amendments. In addition, delegates discussed
better defi ning what is meant by the " the uses to which any unit
is restricted " to confi rm and clarify that amendments to restrict
leasing, pets, smoking, etc. do not require 100% approval.
30 CONDOMEDIA December 2022
CAI MASSACHUSETTS
LEGISLATIVE ACTION
COMMITTEE
THE END OF FORMAL SESSIONS for the
Massachusetts legislature, which was July 31, 2022,
resulted without any signifi cant developments for
the over 30 bills the MALAC was watching this session.
While formal sessions have ended, the legislature is
required by law to meet informally twice a week for the
remainder of the year. Many bills are passed during
informal sessions, but they tend to be noncontroversial
matters, as it only takes one representative or senator
to object to a bill during an informal session.
While the MALAC was hopeful that H. 1416, An act
relative to electronic meetings and voting in condominiums,
would pass before the end of formal sessions, we remain
cautiously optimistic for the bill's passage in an informal
session before the end of the year. The MALAC was successful
in advancing the bill out of the Housing Committee and
into the Committee on Bills in Third Reading, which is the
fi nal procedural step before a bill goes to the House fl oor
for a vote. The MALAC views the bill as noncontroversial,
as it will only help to increase participation in condominium
voting and elections. Hopefully, in our next update, we will
report on the successful passage of H. 1416.
Other matters of interest to the MALAC that failed to
pass prior to the end of formal sessions include: H. 1387,
An act relative to adequate condominium reserve funds;
H. 1412, An act relative to establishing an offi ce of the
condominium ombudsman; H. 1423, An act relative to
condominium elections; H. 3425, An act relative to electric
vehicle charging stations; and S. 897, An act limiting the
charge for condominium 6(d) certifi cates.
While many of the bills the MALAC supported and
opposed during the 2021/2022 legislative session failed
to pass, as usual, we expect most of them to be refi led
in the next session, starting in January 2023.
MATTHEW GAINES,
ESQ., CO-CHAIR
PETER WESTHAVER,
CCMA, AMS, PCAM,
CO-CHAIR
Condo Media - December 2022

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