Page 5 - New England Condominium September 2020

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -SEPTEMBER 2020 5 Legal Q A Landscaping Leaves a Lot to be Desired Q I pay HOA fees for landscap- ing. Not all areas of the develop- ment are the same—some streets just have ornamental trees and a mini- mal amount of leaves falling. My block is swamped with leaves on the ground that begin falling in September, but I have not been successful in getting management to send the landscapers to keep walkways clear. Fall is coming and I’d like to get ahead of the game this year. How do I get copies of the contract between the HOA and the landscapers? How can I document or build a case about my problem? Are there any laws that I can refer to if I want to see bids, details of the work provided, or a schedule of days the landscapers should be working, and also the work that they did/should do? I would like to find a way to persuade manage- ment to provide more attention to certain areas when necessary. —Feeling Ignored A “Your concerns about land- scaping issues and main- tenance are well-justifi ed of the contract reveals that the landscap- – properly maintained landscaping adds to ing company should be providing, but is the association may be exposed to greater the aesthetic value of your community and failing to, the services the association is liability in the event of an accident and a may also contribute to increased property paying for, document the ‘on the ground’ failure to properly maintain the common values,” says Kimberly A. Bielan, principal conditions with photographs. at Moriarty, Troyer & Malloy in Braintree, Massachusetts. “Assuming you live in a condominium as a concerned unit owner who is working association, unit owners have access to cooperatively with the association to try suggest forming a gardening or landscap- the books and records concerning the as- sociation’s contract with the landscaping your) bargain relative to the landscaping in the property manager’s oversight of the company. Pursuant to the Condominium services being performed at the condo- Act, the organization of unit owners must minium. The association’s board is com- maintain books and records, includ- ing ‘records of all receipts and expendi- tures, invoices and vouchers authorizing you. Despite best efforts, volunteers and also plan for long-term landscaping proj- payments’ and ‘contracts for work to be managers simply may be unable to keep ects, such as maintaining the different performed for or services to be provided fully apprised of all issues that may be af- to the organization of unit owners … .’ fecting the community at any given time. erty. It may also prove helpful to walk the G.L. c. 183A, § 10(c)(4). If a review of It is likely that board members will be ap- the landscaping contract raises concerns preciative of your efforts to ensure that and landscaping company to point out ar- about the scope of the services provided, the services the association and its unit bring those deficiencies to the attention owners are paying for are being rendered of the association and manager in writing effectively and in accordance with con- in advance of the fall season. If a review tractual obligations. Indeed, to the extent “Rather than ‘building a case’ about the know of a deficiency (of which you’ve landscaping problem, think of your role now informed them). to get the benefit of the association’s (and ing committee so that you can be involved prised of volunteer unit owners who are arise. A landscaping committee can ad- concerned about the community just like dress present maintenance concerns and walkways are not being cleared of leaves, areas and facilities if they had reason to “If your association lends itself to it, community’s landscaping services and can raise concerns as to any issues as they variations of trees throughout the prop- community with the property manager & www.ResconCondoSolutions.com 800-494-3017 Professional Fast & Reliable Services Guaranteed, Competitive Pricing, Quality Solutions Solve Problems the First Time, 25 Years Commercial & Residential Experience BULKHEADS FOUNDATION CRACK REPAIR EXTERIOR DRAINAGE The Industry’s Premier Basement Waterproofing and Foundation Repair Company THE RESCON ADVANTAGE On Time Scheduling We show up when we say we will and finish the job on time. Clean, Clean, Clean With our “cutting edge” concrete removal process we keep our jobs cleaner then anyone. 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