Page 10 - New England Condominium December 2020

10 NEW ENGLAND CONDOMINIUM -DECEMBER 2020 NEWENGLANDCONDO.COM Flynn Law Group 185 Devonshire St., Suite 401 • Boston, MA 02110 617-988-0633 “Quality Representation at Reasonable Rates - $150/Hr.” Contact Attorney Frank Flynn Frank@flynnlaw-ne.com www.flynnlaw-ne.com ATTORNEYS See Our Display Ad on Page 9 Condominium and Real Estate Law Phone: (781) 817-4900 Direct: (781) 817-4603 Fax: (781) 817-4910 We may be dressed up, but we aren’t afraid to get our hands dirty. www.lawmtm.com See Our Display Ad on Back Cover Merrill & McGeary 100 State Street, Suite 200 Boston, MA 02109 617-523-1760 • Fax 617-523-4893 Contact: Mike Merrill, Esq. mmerrill@merrillmcgeary.com ACCOUNTANTS David A. Levy, CPA, P.C. Certified Public Accountants 20 Freeman Place Needham, MA 02492 Tel: (617) 566-3645 (866) 842-0108 Fax: (866) 681-2377 www.DALCPAPC.net DAL CPA Please submit Pulse items to Pat Gale at patgale@yrinc.com Accounting • Auditing • Taxes • Consulting Worcester 67 Millbrook Street 508-797-5200 Grafton 80 Worcester Street 508-839-0020 Holden 795 Main Street 508-829-5544 M Love Associates, & LLC Certified Public Accountants Serving Condominium Associations mlove 2.25 x 2.5 condo association color 9.19.2017.indd 1 9/19/17 12:59 PM See Our Display Ad on Page 7 simulator.com/games): Realistic, 3-D simulated boards, for a charge • Tabletopia (www.tabletopia.com): Some free games; some require a premi- um subscription to host additional play- ers • QuizWitz (www.quizwitz.com/en): Free and expanded versions for a new form of Trivia Night • Jackbox Games (www.jackbox.tv): A variety of games and quizzes that require use of a computer screen and smartphone for each player Advice from Medical Experts Dr. Tina Tan, pediatric infectious dis- ease specialist at the Ann and Robert H. Lurie Children’s Hospital of Chicago and professor of pediatrics at Northwestern University’s Feinberg School of Medi- cine, tells National Public Radio that she fears that the lure of holiday parties, as well as more indoor activ- ity as temperatures drop, will result in more illness- es. “Right now, in many areas of the country, CO- VID-19 rates are starting to surge again,” says Tan. For multifamily communities that normally plan in- person functions and gatherings to celebrate the holidays, serious consideration of health risks should be taken into account before ex- tending invitations or announcements to residents. Indeed, property managers from New York to New Hampshire; Na- ples, Florida to Naperville, Illinois; told us that they and their boards are forgoing any in-person plans for their communi- ties this holiday season. Elizabeth Stuart, PhD, AM, associate dean for Education at the Johns Hopkins Bloomberg School of Public Health and a professor in Mental Health, Biostatistics, and Health Policy and Management; and Keri Althoff, PhD, MPH, associate profes- sor in Epidemiology with a joint appoint- ment at the School of Medicine at Johns Hopkins, published some important con- siderations for holiday planning this year. Noting that “Innovation is key,” they sug- gest planning a small or fully online event now, with a larger in-person event to look forward to once the pandemic has re- solved. A synchronous moment on a spe- cific date and time observed virtually can allow distant attendees to show support and feel connected. Attendees can then contribute to or view a virtual scrapbook that they create with pictures or videos of the moment, they say. For those who insist on gathering in person, Stuart and Althoff maintain the same exhortations that have been repeat- ed over and over again, but still bear men- tioning again here: outdoors is better than indoors; if indoors, keep density as low as possible and maximize ventilation and air flow; wear masks at all times when around people outside of your household; wash your hands frequently with soap and wa- ter for at least 20 seconds. But think care- fully about travel, say Stuart and Althoff. Aside from the risks of contracting and spreading coronavirus, keep in mind that travel to or from certain states might re- quire a period of quarantine upon entry. Exposure to COVID while traveling will force you to extend your stay in that area for at least 14 days in an isolated accom- modation. If you become ill at your des- tination, you may have to seek medi- cal care in an area away from home. Also consider quarantine require- ments for your return home, too, whether imposed by your home state or by your work or children’s school. If your holiday plans include travel, plan for all of these con- tingencies as well. The Final Word Acknowledging the temptations to ignore or forget some of these recommendations while in the throes of reuniting and revelry, Community Health Manager Sam Jarvis of Johnson County Public Health em- phasizes the importance of flexibility and communication this holiday season. In an interview with Iowa City, Iowa Mayor Bruce Teague, he explains, “During CO- VID, we’re gonna have to challenge our- selves just a little bit to lower our risk fac- tors. Have the crucial conversations with your relatives and loved ones. Plan ahead. It’s very tempting to want to see people, especially since many of us haven’t seen certain loved ones for months on end, but it’s still important to be very vigilant now more than ever. Especially if you’re a person at increased risk, or your loved ones or friends are, there’s a lot to con- sider.” With the many options we have for virtual connection, we can do our best to keep everyone healthy for what is sure to be an enormous celebration when the coronavirus crisis is behind us. The fewer gatherings now, the faster we can make that happen. n Darcey Gerstein is Associate Editor and Staff Writer for New England Condominium. PREPPING... continued from page 9 grated” phased condominiums does not begin to run until the entire project is sub- stantially completed. Ed Allcock and Norm Orban of MEEB filed an amicus brief on behalf of Community Associations Insti- tute’s (CAI’s) New England Chapter in fa- vor of the integrated approach. “The basis for advocacy of the integrated approach was the potential unfairness that can result in phased projects where the developer re- tains control of the association for many years and the mere passage of time allows the statute of repose to run,” the lawyers re- ported. “The Supreme Court addressed that concern with three responses,” continue the attorneys. “First, the Court in footnote 16 of its decision pointed out that a unit owner- elected board could always assert a breach of fiduciary duty claim against developer appointed trustees who allow statutes of repose to lapse during the period of declar- ant control. The Court also pointed out that such a claim was asserted in this case. Sec- ondly and also in a footnote, the Court in- dicated that unit owners could get together and assert derivative claims against a devel- oper prior to the running of the statute of repose. While that may be true, the prac- ticality of unit owners asserting derivative claims for construction defects at a devel- oper controlled condominium is a difficult proposition. The third response was that the conflict posed by the statute of repose and extended developer control in phased projects is best remedied by the legislature.” According to the MEEB attorneys, the New England Chapter of CAI has also proposed legislation in Massachusetts that would address this issue. That bill has passed the Massachusetts House of Rep- resentatives and is awaiting passage in the Senate. MEEB’s Matt Gaines is co-chair of the chapter’s Massachusetts Legislative Ac- tion Committee and “is working tirelessly to move this legislation through and he in- tends to use the Court’s decision as a basis for legislative action on this particular is- sue,” according to the law firm. “So, what are the takeaways from the Court’s decision? The first takeaway is be aware of the outside six-year limit to bring claims for construction defects. Second, understand that in a phased condominium, that six-year rule is going to run building to building, not at completion of the entire de- velopment. Third, consult an experienced condominium lawyer and litigator to un- derstand and advise on construction defect claims (as these after all are your homes and defects cost money to fix),” the attorneys wrote. n PULSE continued from page 4 “During COVID, we’re gonna have to challenge ourselves just a little bit to lower our risk factors. Have the crucial conversations with your relatives and loved ones. Plan ahead.” — Dr. Sam Jarvis See Our Display Ad on Page 9