Condo Media - May 2023 - 19

MATTHEW W. GAINES, ESQ.,
CO-CHAIR
Massachusetts Legislative Action
Committee (MALAC)
[MALAC]
Massachusetts
Legislative Action Committee
THE 193RD SESSION of the Massachusetts Legislature officially began on January 4, 2023, with the swearing in of all legislators for the
2023/2024 session. As is customary, a few weeks later, over 4,000 bills were filed in the House and over 2,000 were filed in the Senate.
The MALAC has completed the task of scanning through the over 6,000 bills filed and has determined that there are over
40 bills that would directly or indirectly impact condominium associations if passed. Most of these bills are refiles from prior
legislative sessions, however, there are a few new bills of note. As of the writing of this update, none of the bills had been given
bill numbers or assigned to their respective committees. It is anticipated that by late Spring 2023, all bills will be assigned to
committees, and then over the next several months, hearings will be held before those committees, at which the MALAC
will have an opportunity to express its support or opposition for any bills.
INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
Another bill that the MALAC will have its eyes on this session is An Act
relative to the installation of electric vehicle charging stations by condominium
owners. Similar to prior versions of this bill, which have failed
to pass, this proposal would prohibit condominium associations from
prohibiting or unreasonably restricting a unit owner from installing an
electric vehicle charging station in an owner's exclusive-use parking
space or other common areas, subject to certain requirements noted
in the bill.
SOLAR ENERGY ACCESS
CONDOMINIUM OWNERS' RIGHTS ACT (CORA)
One of the new bills filed this session that the
MALAC will be watching with keen interest is
An Act relative to the Condominium Owners' Rights
Act (CORA). This bill proposes to make several
significant changes to the Massachusetts Condominium
Act. For example, the bill proposes to add
language to the statute requiring that property
managers respond to any unit owner's request for
records within five business days, and that a failure
to timely produce the documents shall result in
a $100 fine payable to the unit owner, with each
day of non-compliance constituting a separate
violation. In addition, the bill proposes to greatly
expand the list of records to which unit owners
are entitled to inspect, including adding to the
list engineering reports and legal opinion letters.
Further, the bill proposes to add a new section to
the statute requiring that condominium documents
contain an internal dispute resolution procedure
to address disputes between the board and unit
owners. The MALAC has many concerns related to
this bill and intends to raise them as the bill makes
its way through the legislative process.
A third bill that has drawn the attention of the MALAC is An Act
ensuring solar energy access. This bill proposes to substantially amend
existing law by establishing that no homeowners or condominium association
may forbid or unreasonably restrict the installation or use of
a solar energy system. While well-intended, the bill as currently drafted
fails to take into account many of the unique aspects of a condominium,
including the fact that the common areas are shared and owned by all
unit owners.
ELECTRONIC MEETINGS AND VOTING
Finally, the MALAC has refiled legislation
relative to electronic meetings and voting in
condominiums. While the MALAC was hopeful
for passage last session, unfortunately,
that did not occur; but given the positive
feedback received from various legislators,
we are optimistic for the passage of this
very significant legislation this session.
It is anticipated the activity at the
Massachusetts State House will pick
up in the coming months, and we
will update you on any significant
developments in Massachusetts
as they occur.
May 2023 CONDOMEDIA 19

Condo Media - May 2023

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