Page 5 - New England Condominium February 2021

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -FEBRUARY 2021 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& A Property Management Company You Can Trust At J. Butler Property Management, LLC., we measure our success in terms of client satisfaction and take a long-term view of every relationship. www.jbutlerpropertymgmt.com 978.694.9004 James R. Butler IV Executive Manager • Family owned and managed Massachusetts based property management company • Blends management expertise with open communication between the board, unit owners and managing agent, making for a healthier property • Superior cost cutting strategies and vendor pricing • Community website, work order system, online payments • An in-house maintenance team that is able to reduce costs and offer an unparalleled level of service QUESTIONS & ANSWERS This Is for the Birds… Q I have lived in my condo for more than a decade, and every winter, I (and a couple of other owners) have fed the birds with no problems. Watch- ing the birds has been a comfort to me, es- pecially this year with so many other activi- ties limited due to the pandemic. However, last month some residents complained that the bird seed was caus- ing an infl ux of mice. I’m not sure if it re- ally is the bird feeding that’s the problem, or just an unusual winter season. Aft er the complaints, my condo board announced new rules that prohibit this activity. Th is was done with no input from the major- ity of residents as far as I can see. With the pandemic, there have not been any public meetings. I’m not sure how they could have enacted this without a discussion and vote. Can the board enforce this rule? It seems arbitrary, since this has never been an issue before, and could be a short-term problem unrelated to any bird-feeding activity. —Cheep Th rills A “In most instances, your not unreasonably prohibit unit owners from because a board can do something, doesn’t condominium association’s feeding birds on common areas. board has the exclusive au- thority to operate the common areas, in- cluding enacting rules which it reasonably by language requiring it to make reasoned board usually has the last say, so long as it believes will prevent damage to property,” and fair decisions while operating the com- says Frank Lombardi, partner in Lombardi mon areas. Here, I suggest that you perhaps tion of rules. Th e pushback, briefl y, would Law Group in Lincoln, Rhode Island. “Th is ask the board how it arrived at its decision. be to get in front of the board somehow and includes what it perceives as a need to avoid Was the bird-feeding ban a knee jerk reac- the migration or infi ltration of rodents, in- cluding, as here, mice and of course, their only aft er a good faith investigation? If it is ity of the community. distant cousins, squirrels—if it has proven the former, the next step would be to pres- the nexus between the birds and the mice. “Th at said, there are two exceptions or there is no nexus between the birds and ing to birds heralding a brand new day?” conditions. First, the board’s authority here the mice, etc. If it is the latter, then perhaps may be limited in some way by language in measures could be suggested where there the condominium’s governing documents. is limited feeding of birds so as to in turn Take for example—however far fetched, but limit or manage the risk of mice migration. still possible—that the developer of your For example, we usually put jalapeño pep- condominium was a longstanding mem- ber of the Audubon Society and wanted his squirrels from eating the seeds. Or, perhaps, project to refl ect his belief in the mainte- nance of bird habitats. As a consequence, he unit owners for discussion. had inserted into his governing documents language to the eff ect that the board may joled boards countless times before, just “Possible, but not likely. What is in fact more likely is that a board’s power is limited less otherwise set out in the documents, the tion to a complaint, or instead put in place and in fact contribute to the overall livabil- ent evidence to the contrary; that is, that a cup of coff ee in the morning while listen- per on the bird seed to discourage mice and bring it up at the next annual meeting of “As I’ve said, preached, persuaded, ca- necessarily mean it should do something. “To the original inquiry, however, un- is reasonable in its application or promulga- suggest/prove that the birds are harmless “Aft er all, who really doesn’t enjoy having n