Page 5 - New England Condominium December 2020
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NEWENGLANDCONDO.COM  NEW ENGLAND CONDOMINIUM   -DECEMBER 2020     5  Disclaimer: Th  e answers provided in this Q&A   column are of a general nature and cannot   substitute for professional advice regarding your   specifi c circumstances. Always seek the advice of   competent legal counsel or other qualifi ed profes-  sionals with any questions you may have regard-  ing technical or legal issues.  Legal  Q  A  Are Recordings Offi cial Records?  Q  Is an association required to   maintain a recording of a meet-  ing as an offi  cial record?                   — Confused Board Member  A  “One way in which the   COVID-19 pandemic has   affected associations is that   in most cases it has made it impossible to   hold in-person meetings, whether they be   board meetings or unit owner meetings,   which are usually required to be held at   certain times according to the terms of   the condominium governing documents,”   says Pamela M. Jonah, Partner at Marcus,   Errico, Emmer & Brooks, PC in Braintree,   Massachusetts.  “Due to this, many boards have elected   to hold the meetings virtually, oftentimes   via Zoom.  This raises the question, is   an association required to maintain a re-  cording of a meeting as an official record?  “There is currently nothing in the Mas-  sachusetts Condominium Statute, M.G.L.   c. 183A or any other relevant law that re-  quires an association’s board to maintain  utes be taken, however to the extent they   a recording of a meeting held virtually  are maintained and an owner requests a   as an official record. This is in large part  copy of them, the board must ensure that   due to the fact that virtual meetings are  a copy is emailed to the owner.  Note,   not contemplated by the Statute. There-  fore, unless the condominium governing  governing documents require that meet-  documents mandate that a recording of a  ing minutes be taken. Of course, meeting   virtual  meeting be  maintained  as  an as-  sociation official record, then the answer  different things.”    is no.  “In fact, unless recently drafted or re-  cently amended, most association gov-  erning documents will not have a provi-  sion allowing for virtual meetings and   therefore it is recommended that if a   board wants to hold meetings virtually,   they should contact the association’s at-  torney to assist in amending the docu-  ments. That is not to say that because the   documents may provide for meetings to   take place virtually that recordings will   need to be maintained. As of now, that is   entirely document specific.   “Keep in mind that currently, M.G.L. c.   183A does not require that meeting min-  the board should also check to see if the   minutes and recordings are two entirely   n  & QUESTIONS & ANSWERS    Do you have   an issue with   your board? Are you wondering   how to solve a dispute with a   neighbor? Can’t fi nd informa-  tion you need about a building’s   fi nances? Our attorney advisors   have the answers to all of your   legal questions. Write to New   England Condominium and we’ll   publish your question, along with   a response from one of our attor-  ney advisors. Questions may be   edited for taste, length and clar-  ity. Send your questions to:  Q&A

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