Page 5 - New England Condominium February 2022

NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-FEBRUARY 2022
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.
QUESTIONS & ANSWERS
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
Not So Neighborly Neighbors
Q
Th e owner in the unit downstairs
from me typically parties late
into the night, slams doors, has
parked in my driveway, plays loud music,
and leaves trash in the condo’s common
areas. It seems there is some connection
between this person and members of the
condo board—I have complained about the
behavior and the trash in common areas,
but the condo association seems to turn a
blind eye. What to do?
— Irritated Owner
A
“While these situations are
typically document- and
fact-specifi c, in general, resi-
dents living in a community living situation
such as a condominium association need
to have an expectation of a certain level of
noise between units,” says Pamela M. Jonah,
partner at Marcus, Errico, Emmer & Brooks
P.C. in Braintree, Massachusetts.
“Oft entimes, these situations result in
a he-said/she-said situation in that one
resident is complaining about the activity
of another, who then denies same. Th e
board not having been a direct witness is
typically powerless to act without some
other evidence.
“Th e board is charged with the
administration of the common areas of the
condominium or HOA for the benefi t of all
owners collectively; they are not the police
and cannot resolve individual neighbor
disputes. If more than one resident is
complaining about noise or other activities
by another resident, then the board may
have more to act upon. Residents may have
their own private causes of action against
other residents and may want to seek the
advice of their own counsel.
“Also, a resident may always call the
police if they are disturbed or feel threatened
by the actions of another resident. Th ese
situations are not always easily resolved, but
residents should attempt to work out their
diff erences in a non-hostile manner.”
Stop the Spread!
Q
We have a termite problem in our
building. One of my neighbors
had termites in early spring, aft er
which another resident got them and now I
have them. My question is: is the association
responsible for the extermination, or is the
individual owner responsible for paying for
the exterminator to come out?
— Bugged in Boston
A
“In most condominiums,
the exterior portions of
the buildings as well as
the structural components are part of the
common areas and are the responsibility
of the association to maintain, repair, and
replace,” says Mark S. Einhorn, partner at
Marcus, Errico, Emmer & Brooks, PC, in
Braintree, Massachusetts. “Accordingly, if
this is the case with your association, and
the termites are within these areas, it would
be the responsibility of the association to
exterminate the areas, and, if need be, repair
any damage to the common areas that has
been caused by the termites.
“If the termites have caused damage to
portions of the building that are defi ned as
part of the units, then, barring negligence
on the part of the association, it would be
the individual unit owner’s responsibility to
repair the areas of their unit.
“In addition, since the termites are most
likely coming from the ground, which is
common area, and are getting into the unit
through the common areas, the association
should exterminate within those outside
areas, and could also treat within the unit,
although the unit owner would ultimately
be responsible for exterminating solely
within the unit.”
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