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22 NEW ENGLAND CONDOMINIUM   - FEBRUARY 2019   NEWENGLANDCONDO.COM  Located Throughout New England  Servicing the Northeast, Free Estimates  Fully Insured, Certified by NADCA  1-800-442-8368  Duct & Vent    Cleaning of   America, Inc.  CONDOMINIUM MARKETPLACE  “   e Directory to Everything You Need”  MARCUS  ERRICO  EMMER   &  BROOKS,   P.C.  Representing Over 4,000 Condominium   Associations... One Association at a Time  45 Braintree Hill Park, Suite 107  Braintree, MA 02184  (781) 843-5000/Braintree  (508) 791-2120/Worcester  (401) 351-2221/Rhode Island |  MEEB_NEC_June14.qxp:Layout 1  5/19/14  12  See Our Display Ad on Back Cover  ACCOUNTANTS  Goodman, Shapiro & Lombardi, LLC  Concentrating in condominium and   real estate law in MA & RI  (877)-241-1600  NECondoClassifiedAd7-7-17woNH.indd   1  7/7/2017   1:09:16 PM  Flynn Law Group  185 Devonshire St., Suite 401 • Boston, MA 02110  617-988-0633  “Quality Representation at Reasonable Rates - $150/Hr.”  Contact Attorney Frank Flynn  Frank@fl  www.fl  ATTORNEYS  ATTORNEYS  Accounting • Auditing • Taxes • Consulting  Worcester 67 Millbrook Street   508-797-5200  Grafton  80 Worcester Street  508-839-0020  Holden  795 Main Street   508-829-5544  M Love Associates,  &  LLC  Certified Public Accountants  Serving Condominium Associations  mlove 2.25 x 2.5 condo association color 9.19.2017.indd   1  9/19/17   12:59 PM  Merrill & McGeary  100 State Street, Suite 200  Boston, MA 02109  617-523-1760 • Fax 617-523-4893  Contact: Mike Merrill, Esq.  DUCT/DRYER VENT CLEANING  BANKING/LENDERS  INDOOR AIR QUALITY • VENTILATION • DUCT CLEANING  AIR DUCT & DRYER VENT CLEANING   800-893-1117  Property Managers • Multi Units • Associations • Condos  Continental clean:Layout 1  12/22/09    David A. Levy, CPA, P.C.    Certified Public Accountants  20 Freeman Place  Needham, MA  02492  Tel:  (617) 566-3645       (866) 842-0108  Fax:  (866) 681-2377    DAL  CPA  See Our Display Ad on Page 20  BetterVent is a NEW kind of   Indoor Dryer Vent.   1-888-609-5512  Condominium and Real Estate Law  Phone: (781) 817-4900    Direct: (781) 817-4603  Fax:     (781) 817-4910  We may be dressed up, but we aren’t afraid to   get our hands dirty.  See Our Display Ad on Page 19  Solving your problems   today & strengthening your   association for tomorrow.  6 Lyberty Way, Suite 201  Westford, MA 01886  (978)496-2000  See Our Display Ad on Page 20  See Our Display Ad on Page 20  dominium, homeowners’ association, coop-  erative, or other community association may   not prohibit or unreasonably restrict an owner   from installing an electric vehicle charging   station (EVCS) on or in areas subject to the   owner’s separate interest, exclusive interest, or   on a common element so long as it is within   a reasonable distance from the owner’s dedi-  cated parking space. In essence, condo owners   now have the right to install an EVCS in their   own parking spaces, or on the common areas   (within a reasonable distance from their park-  ing space).  Attorney Matthew Gaines of Marcus,   Errico, Emmer & Brooks, PC (MEEB) in   Braintree, Massachusetts said the bill only per-  tains to the city of Boston, and does not aff ect   any other cities or towns in Massachusetts.  Th  e bill does permit the association’s board   to impose reasonable restrictions on the   installation and use of the EVCS, Gaines said   in a news bulletin from MEEB.  However, he   noted: “Such restrictions shall not signifi cantly   increase the  cost  of  the  station,  signifi cantly   decrease its effi  ciency, or eff ectively prohibit   the installation altogether.”  In addition to any reasonable restrictions   that may be imposed by the association’s   board, the bill specifi cally includes the follow-  ing rules and regulations regarding the instal-  lation and use of the EVCS:  •  Installation shall be at the owner’s expense,   all work must be done by a licensed contrac-  tor and/or electrician, and the EVCS shall   meet and be subject to all applicable per-  mits, codes, requirements, etc.  •  Th  e owner is responsible for the mainte-  nance, repair and replacement of the EVCS.  •  Th  e owner is responsible for any damage to   the common areas caused by the EVCS.  •  Th  e owner must connect the EVCS to his/  her own electricity utility account unless   that is not possible, in which event the asso-  ciation shall allow the owner to connect the   EVCS to the common electricity account,   but may require reimbursement by the   owner to the association for the electricity   costs.  •  Th  e owner is responsible for removing the   EVCS if necessary for the maintenance of   the common areas.  According to Gaines, the association may   require the owner to submit an application   to the board before installation; however, if   the application is not denied in 60 days, the   application is deemed approved. Th  e associa-  tion may not charge the owner any fees for the   placement of the EVCS. Questions about this   new Boston ordinance can be sent to Gaines   at                                         n  PULSE  continued from page 6  Please submit Pulse items to  Pat Gale at  in arriving at a bipartisan solution to an is-  sue on which certain board members are in   disagreement.   “In some circumstances,” Fleiss continues,   “such ‘mediation’ may involve little more than   other board members discussing an issue   with  two  diametrically-opposed  colleagues   at a meeting of the board, using the available   information – including expert recommen-  dations – to try and bring the views of those   disagreeing members closer together.   “In other circumstances, the relevant pro-  fessionals may try to bridge gaps between   board members’ positions by answering   questions and discussing options regarding   the matter at issue. Where the other board   members or the expert cannot or will not   ‘mediate’ a resolution between two stridently   opposed board members in this manner, it   oft en falls to the managing agent to do so.”                      n  Mike Odenthal is a staff  writer/reporter for   New England Condominium.   MANAGING BOARD...  continued from page 21  that the person signing  the checks is not   the same person that is reconciling the   bank statements; and/or,  “Th  e board should request a copy of the   reconciled bank statement each month.    “Professional management may also   aff ord a layer of oversight to assuage these   concerns.   “Th  ese are just a few actions that may   be taken. If you are still concerned aft er   taking these steps, it may be prudent to   reach out to an accountant or accounting   fi rm, as they may be able provide you with   additional safeguards.”                                  n  Q&A  continued from page 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.  Write to New   England   Condominium and we’ll pub-  lish your question, along with a   response from one of our attor-  ney advisors. Questions may be   edited for taste, length and clar-  ity. Send your questions to:  Q&A  See Our Display Ad on Page 11

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