Page 5 - New England Condominium April 2021

Campaigning or Coercion?
Q
Can a current board member ad-
vertise his re-election, or go around board may not seek prior restraints on resident
knocking on each door and telling speech even when that speech is or may be of-
owners who to vote for? Is this legal?
—Feeling Pressured

A
“Th e short answer to this proach may be to adopt specifi c rules and poli-
question is: yes, it is legal, cies designed to promote an accepted practice
though it may be a nuisance of communication. Th ese can help to steer any
and possibly contrary to certain provisions of resident communications in a productive and
the specifi c governing documents involved,” perhaps more acceptable fashion.
says Scott Eriksen, partner in Perkins & Anctil
in Westford, Massachusetts.
“We see this type of question come up in or encourages the use of ‘candidate nights’ or
the context of a number of resident-to-resident other such platforms. Th ese mechanisms al-
communications: whether it is an election sce-
nario like this or a petition to seek rule or cov-
enant changes, or any number of other social going door-to-door to make their case. Also,
activities. Generally speaking, there is no law while it may be diffi cult or unlawful to express-
in the Commonwealth which would prohibit ly prohibit certain speech, the board could also
any residents from approaching other resi-
dents and soliciting their vote or support for an attempt to curb unwanted behavior as well.”
amendment, etc. Indeed, to the contrary, there
is legal precedent in Massachusetts which
stands for the proposition that a community
fensive or insulting.
“If a community is concerned about these
types of communications becoming a nui-
sance or creating disharmony, the best ap-
“For example, in the case of elections, the
board could adopt a policy that incorporates
low those interested in seeking offi ce to com-
municate to the community at large without
adopt no solicitation and no loitering rules to
When is the Law Not the Law?
Q
Can a condo association that does
not follow its bylaws as registered
with the state of Rhode Island have
the power to enforce its rules and regulations
and fi ne a unit owner?
— Law-Abiding Owner
A
“Th e Rhode Island Condo
Acts do allow for associations
to be unincorporated,” says
Frank Lombardi, partner in Lombardi Law
Group in Lincoln, Rhode Island. “If, for ex-
ample, the association failed to fi le corporate
annual reports and lost its charter, it could
still operate as an unincorporated entity —
and, addressing your inquiry, conduct a Sec-
tion 3.20 covenant enforcement hearing, and
thereaft er fi ne the unit.
“As is usually the case, should the matter
end there, no problem. If, however, should
the unit owner contest the matter in Superior
Court, or should the association seek injunc-
tive relief, it would have to either: amend the
governing documents to delete the require-
ment of incorporation and ratify its decision
to remain unincorporated, or restore the cor-
porate charter or incorporate to be consistent
with the governing documents.”
n
NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-APRIL 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.
Write to New England
Condominium
and
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a response from one of our attorney advi-
sors. Questions may be edited for taste,
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