Page 7 - New England Condominium October 2021

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -OCTOBER 2021 7 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. QUESTIONS & ANSWERS Legal Q A& ■ Depth of Knowledge & Experience ■ Expert Advice ■ Creative Approaches & Solutions ■ Flexible Billing Arrangements (781) 817-4900 O NE A DAMS P LACE , 859 W ILLARD S TREET , S UITE 440 Q UINCY , MA 02169 www.lawmtm.com MTM is a full-service Condominium & Real Estate Law Firm Experience, Integrity, & Drive Set Us Apart Uncommon Expertise for your Community of Common Interests Thomas Bhisitkul (617) 934-4603 tbhisitkul@lawmtm.com Kimberly A. Bielan (781) 817-4607 kbielan@lawmtm.com Christopher S. Malloy (617) 934-4604 cmalloy@lawmtm.com Douglas A. Troyer (781) 817-4605 dtroyer@lawmtm.com Thomas O. Moriarty (781) 817-4603 tmoriarty@lawmtm.com (617) 934-4550 265 F RANKLIN S TREET , S UITE 1801 B OSTON , MA 02110 (508) 459-8516 39 T OWN H ALL S QUARE F ALMOUTH , MA 02540 Stepping Up to Serve Q Our small condo association is having a diffi cult time getting enough volunteers to satisfy the leadership requirements of our Master Deed. I’ve heard from other condo owners that there seems to be a lack of interest in run- ning for these positions, as long-time owners want to retire from those duties and younger owners really don’t seem to understand the potential consequences of not having the re- quired board membership. It may be a sign of the times, or maybe people just don’t want the hassle — but we may be near a breaking point, and need to know: What happens if an association simply fails to fi eld a team of trustees? We can’t force people to serve on the board, but my understanding is that we can’t operate without enough board mem- bers. —Looking for Leaders A “Unfortunately, it is not a vacancy, whether there is a limited time ties of the board will be passed on to unit uncommon for a condo- minium association to have to operate with a vacancy, and the steps that associated with the receiver will very likely trouble convincing unit owners to serve on must be taken to fi ll the vacancy. In the event lead to increased fees and/or special assess- the board,” says Heather Gamache, a princi- pal at Moriarty Troyer & Malloy in Boston. ing documents should provide a mechanism ership may negatively impact unit sales and “When unit owners do not volunteer to fi ll for unit owners to call a special meeting that lending. Buyers and lenders will not look fa- vacant seats on the board, it creates a signifi - cant problem for the association. Th e asso- ciation cannot operate without a board that board. meets the minimum threshold requirements established in the governing documents of ultimately unsuccessful, unit owners of the the condominium. Th e board has the sole association can initiate a lawsuit and seek path of having an insuffi cient number of control and management of the common ar- eas and facilities and the common funds and business of the association. Aft er confi rming experienced condominium lawyer to advise profi ts of the condominium. Th e board sets that unit owners are unwilling to serve on the existing board— and unit owners—of and collects common fees, pays association the board, the court will appoint a receiver to the importance of maintaining an opera- bills and contractors, manages association assume the board’s responsibilities. Th e re- bank accounts, and transacts business on ceiver will remain in place until a board can sequences if that is not achieved.” behalf of the association. Without the board, be established meeting all the requirements none of these essential functions can be ful- fi lled on behalf of the condominium. “Th e governing documents of the condo- minium will provide a roadmap for handling to appoint a receiver. Th e fees associated with a vacancy in the board. Th e documents will a receiver can be quite expensive and the fees establish whether the board can operate with charged by the receiver in fulfi lling the du- period during which the board is permitted owners as a common expense. Th e charges board positions cannot be fi lled, the govern- would provide an opportunity to persuade vorably on the receivership, or the associated unit owners to volunteer to serve on the assessments. If unit sales stall or decline and “If eff orts to persuade unit owners are decreased property values. the appointment of a receiver to manage the board seats fi lled, enlist the assistance of an of the condominium documents. “Signifi cant consequences arise for the as- sociation if it becomes necessary for a court ments. Additionally, placement in a receiv- lending is adversely aff ected, it may lead to “If your association is headed down the tional board and the resulting negative con- n See us at Booth 304