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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  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.  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.  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    DAL  CPA  Please submit Pulse items to  Pat Gale at  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 Realistic, 3-D   simulated boards, for a charge   • Tabletopia (   Some free games; some require a premi-  um subscription to host additional play-  ers  • QuizWitz (   Free and expanded versions for a new   form of Trivia Night  • Jackbox Games ( 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

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