Page 19 - New England Condominium February 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM - FEBRUARY 2019 19 ■ Depth of Knowledge & Experience ■ Expert Advice ■ Creative Approaches & Solutions ■ Flexible Billing Arrangements Thomas Bhisitkul (781) 817-4611 tbhisitkul@lawmtm.com Christopher S. Malloy (781) 817-4604 cmalloy@lawmtm.com Douglas A. Troyer (781) 817-4605 dtroyer@lawmtm.com Thomas O. Moriarty (781) 817-4603 tmoriarty@lawmtm.com (781) 817-4900 30 B RAINTREE H ILL O FFICE P ARK , S UITE 205 B RAINTREE , MA 02184 (617) 934-4550 265 F RANKLIN S TREET , S UITE 1801 B OSTON , MA 02110 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 What a Handful This may not come as a relief to manag- ers the world over, but there are actually multiple reasons why managing an asso- ciation in either city or suburb can be ex- tremely difficult. But those reasons vary, based on location. “Disputes over management opera- tions are equally balanced between city and suburbs,” says Barnett. “However, I do see a lot more city condos opting for self-management, just given the fact that they tend to be smaller. When there are disputes among two- or three-unit asso- ciations, I see more instances involving derivative claims, because it just becomes a standoff situation. I think that just boils down to the housing options that are available. “And with a lack of formal manage- ment company, you have issues with in- formal operation, and people paying bills as they come in, rather than doing so pursuant to a budget and assessing and collecting common expenses. So, in the usually city-based smaller – i.e., under five-unit – associations, there’s more of a chance that they’ll be self-managed and ally affects quality of life. In other places tasked with making decisions on behalf of need to deal with all of the hurdles that you still have daylight when you get out of the collective – there are plenty of simi- come with that.” Some managers will tell you that the aforementioned hustle and bustle of city life is all bad. “You encounter all walks of life is no joke – and is, in fact, exhaust- ing. “It’s chaos,” says Pedro Foley, General Manager of The Courts at South Beach in Miami. “The city is chaos. That’s the only word that I can use. I live 19 miles from the association at which I work. It takes me two hours to get here, each way. And the working envi- ronment is non-stop. I’ll get in at 9 a.m. sacrifice your family time; you want to be To what the board may need react may and sometimes won’t have the opportu- nity to sit down at my desk until 1 p.m. By the time I get home at 7, my kid is near ready to go to sleep, as is my wife, who munity association – neighbors investing works for an international company. It re- work; you have time for this or that.” Of course, Foley isn't saying that city ciations lie. life, which I enjoy,” sibilities of a board anywhere are exactly he notes. “I have the same, whether you’re talking about Jewish residents, Russians, Ger- mans… everyone from around the in White Plains, New York. “The board’s world living here. commitment toward the betterment of its That diversity fac- tor. And the money is good! I’m not go- ing to get paid the times – there is no fabled town where run- salary I get paid ning a community association is a cake- here outside of the walk, just as there is no specific enclave city. Everything has wherein maintaining a residence is neces- its cost. You want sarily a hell. A board’s priorities must be more money, you a constant, regardless of its surroundings. home more, you get less money.” Common Bonds Of course, given the nature of the com- in a larger residence, and an elected board larities regardless of where different asso- “The fiduciary duties and fiscal respon- 5th Avenue in Manhattan or Main Street U.S.A.,” says Ronald A. Sher, a partner with the law firm of Himmelfarb & Sher property and residents is a constant.” So for better or worse – and excluding weather, which is its own challenge some- depend on location, but its motivation should be to protect and improve upon the investment of the community. n Mike Odenthal is a staff writer/reporter with New England Condominium. “Disputes over management operations are equally balanced between city and suburbs. However, I do see a lot more city condos opting for self-management.” — Jennifer Barnett