Page 12 - New England Condominium January 2019

12 NEW ENGLAND CONDOMINIUM - JANUARY 2019 NEWENGLANDCONDO.COM www.RiskStrategies.com Specializing in Insurance and Risk Management Services for: For more information Contact Thomas Shields | Producer E: TShields@risk-strategies.com P: 781-961-0314 A: 15 Pacella Park Drive, Suite 240, Randolph, MA 02368 Bernie Gitlin | Executive VP E: Bgitlin@risk-strategies.com P: 781-961-0330 C ondominiums C ommunity A ssoCiAtions HoA C ommunities C ooperAtives 6 Lyberty Way, Suite 201 | Westford, MA 01886 Tel (978) 496-2000 | info@perkinslawpc.com www.perkinslawpc.com | www.perkinslawpcblog.com Practicing Real Estate, Condominium Association, Litigation & Bankruptcy Law since 1988. Top row: Rhonda Duddy, David Chenelle, Daniel Lopez, Kim Alley. Bottom row : Rob Anctil, Scott Eriksen, Charlie Perkins, Jr. C o-op, condo and HOA boards are tasked with a great many responsi- bilities – including determining and stand its ground? How frequently do boards promoting both the day-to-day and longer- term interests of their residents. That's a tall their conservative policies? order, and it's largely achieved through the implementation of rules and regulations de- signed to serve those interests while prohibit- ing activity that could be detrimental to the munities for decades now. Americans once community. But what may be deemed ‘detrimental’ pregnant, in restaurants – whenever – and doesn’t always stay the same from year to then suddenly it was barred from nearly all year, or from one board administration to public spaces, and most private ones too. another. An association’s bylaws are super- seded by the municipal, state and federal laws tion, a different type of smoking is picking up of the land, so sometimes forces outside of an Big Tobacco’s slack. Community associations association's control will dictate changes that frequently find themselves navigating turbu- need be made to its policies. In other instanc- es, changing culture, owner demographics, tions to address the clouds of cannabis. and other factors can push a board to adjust its community’s governing policies to reflect one of the biggest topics at our communities those evolving priorities. For example, a 14-building co-op in New non-smoking residents,” says Anita Chmilar- York City several years ago lifted a ban on ski, Owner of Linear Property Management, walking on the property's grass. This may not LLC, in Tyngsboro, Massachusetts. “Most as- sound like a particularly high-stakes move, sociations have adopted a rule about the dis- but in New York City, space is at a premium, tance from a building at which a resident can greenery is rare, and the ban had been in place smoke, but some are going so far as to con- since the property's inception. But eventual- ly, a younger demographic – many of whom their community completely non-smoking. had children and pets – overwhelmingly felt that the lawn was to be enjoyed, not just to be legalized marijuana state-wide, this will sure- observed and maintained. So what motivates a board to revisit a long-standing rule? Conversely, why might it make the progressive choice over defending Smokes Smoking is one issue that has caused a great deal of debate in multifamily com- smoked cigarettes at work, on planes, while Now with an increase in marijuana legaliza- lent waters when adapting rules and regula- “Smoking definitely comes to my mind as in regard to the disturbance it can create for sider amending their master deed to render “In Massachusetts, where they’ve recently ly become an issue,” Chmilarski continues. Amending Rules Updating Bylaws and House Rules to Fit Your Community BY MIKE ODENTHAL BOARD OPERATIONS