Page 23 - New England Condominium October 2021

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M W happened in any building I manage, but hypothetically, if a board member rec- ommended someone, we would let them bid—it would be up to the board whether they got the job. Board members come from all walks of life; some are engineers, and I would take recommendations di- rectly from them—but from their cousin’s cousin, not so much. If they have the proper background, it’s one thing. If not, it typically doesn’t work out well.” Bid Farewell? All of this may beg the question: does every contract or project need to be bid out? According to Richard Brooks, a partner at the law fi rm of Marcus, Errico, Emmer, & Brooks in Braintree, Massa- chusetts, the short answer is no—at least not legally speaking. He says it’s really more an exercise in common sense. Small jobs oft en don’t merit taking the time and eff ort to solicit multiple bids, and in an emergency situation, obtaining bids just isn’t practical. Cutolo agrees, though he does add that “while the body of law does not ad- dress the competitive bidding of contrac- tor vendors, it’s my opinion that the best practice for communities depends on the circumstances. As a general practice, it is wise to solicit multiple bids when the board is seeking to contract with a vendor. However, where a project is emergent, it is not always reasonable to solicit bids,” he says. “Due to the time-sensitive nature of emergent projects, such as remediating water intrusion, it may be necessary for the association to enter into a contract immediately. To ensure the health, safety, and welfare of the community, the asso- ciation may not have the time to solicit numerous bids.” Brooks adds that when it comes to longer-term contractual relationships like with a manager or an attorney, “there’s no reason to go out to bid unless things aren’t going well.” In fact, those relationships benefi t from their longevity, where in- stitutional knowledge, personal comfort, and familiarity with the property have value that likely outweighs saving a few bucks by switching to a diff erent provider. What if your Association Is Self-Managed? Wolf suggests that self-managed build- ings can solicit and analyze bids as effi - ciently as buildings with managers. He says, “Don’t be afraid to bring in the expertise of an engineer or architect if necessary. If not, be as detailed as pos- sible to get a contract that meets your ex- pectations. Meet with the contractors on site and walk through and express your expectations. Communicate the details. Communication is the key.” What to Watch Out For “Be suspicious if a price is much lower for one contractor than the others,” says Wolf. “Th ere’s something wrong there. In today’s market, if they say they can start tomorrow, ask why, because it’s just im- possible today. If they say they have an opening because of a cancellation, be careful. It can be a problem. If they pull up in a landscaping vehicle to do a roof- ing job, it’s a problem. Always ask if they actually have insurance. It’s very impor- tant. Your association doesn’t have cover- age for hiring an uninsured contractor.” n A J Sidransky is a staff writer/reporter for New England Condominium, and a pub- lished novelist. In Massachusetts, the state legisla- ture is considering such a bill. House Bill 1416, “An act relative to electronic meetings and voting in condominiums,” addresses the need that boards and own- ers of condominium units have had over the past year-plus to conduct community business electronically and/or virtually. Matthew Gaines of Braintree, Massachu- setts-based law firm Marcus, Errico, Em- mer, and Brooks, P.C. indicates that most governing documents of housing associ- ations were drafted decades ago and refer only to in-person meetings of boards and unit owners. “There’s some question about all these Zoom meetings that boards and unit owners have been having for the last year,” says Gaines. “Are they really valid? So because of that, \\\\\\\[the New England chapter of the Community Associations Institute (CAI)\\\\\\\] proposed this legislation that basically says, notwithstanding any provisions in your documents that may require in-person meetings, the associa- tion is permitted to have Zoom or any type of remote electronic board meet- ings, electronic unit owner meetings, and electronic voting.” Partially in response to adaptations made during COVID, and partially to modernize governing docu- ments to reflect current realities, this bill “is trying to bring the condominium world here in Massachusetts into the 21st century,” Gaines says. Nevada is also considering a bill that would provide for electronic voting in homeowners association elections. As- sembly Bill 313 has gone through amend- ments and passed out of committee, ad- vises certified property manager Barbara Holland in her weekly column in the Las Vegas Review-Journal. “If passed,” she says, “this will be an interesting regula- tion and potentially a difficult regulation as associations will need to protect the integrity of the voting.” COVID Immunity In addition to the Herculean effort to achieve COVID immunity through mass vaccination, another type of COVID im- munity is being sought by state legisla- tures in the interest of community asso- ciation leaders: immunity from liability COVID... continued from page 1 continued on page 24 See us at Booth 333 179 Boston Road Southborough, MA 01772 508-872-4054 Please visit us at booth #133 riversideservco.com