Page 7 - New England Condominium April 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM - APRIL 2019 7 Is Change in the Wind? Q With all of the negative com- ments I am reading about condo Massachusetts law firm Marcus, Errico, ber of important decisions, such as the boards, I fi nd myself wondering Emmer & Brooks PC. “I believe this is amendment of the Master Deed or bylaws, if the state of Massachusetts is planning to because, aside from the occasional anec- update its Condominium Act at any point dotal story about a board running amok, improvement to the common areas. in the future. Th e state granted these condo instances of oppression or overreaching boards far too much power, in my opinion, by board members are relatively rare. and has made it virtually impossible to un- seat them. Perhaps the state needs to con- sider giving some power back to the indi- vidual unit owners and taking some power ten without thanks or appreciation from change—run for the board yourself. That’s away from condo boards. — Power to the People? A “Although the Massachu- setts Condominium Act battle. Moreover, they do so in a fiduciary (M.G.L. Chapter 183A) has capacity, which is one of the highest legal been amended numerous times over the standards imposed by the law. The legis- years to address specific problems, the lature and judiciary recognize this and are excessive or abusive wielding of power by hesitant to intervene in association affairs condominium boards has never been one and board decisions, absent extreme cir- of those areas, nor do I foresee anything cumstances. along those lines in the near future,” says Douglas Errico, Partner in the Braintree, unit owners still have power on a num- “The vast majority of individuals serv- ing in this capacity are well-meaning, civ- ic-minded volunteers doing their best, of- their constituents. They are elected for the best way to have your voice heard.” the same reason we elect our local, state and federal representatives; to perform a broad range of functions on behalf of all, so that every decision does not be- come the subject of a referendum or court “It should also be remembered that or the passage of an assessment to fund an “Most importantly, owners will always have the power of the ballot box every time there’s a board election. So if you don’t like what the board is doing, take the most direct and effective approach to Legal Q A& ■ 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 Do you have an issue with your board? Are you wondering how to solve a dispute with a neigh- bor? Can’t fi nd information you need about a building’s fi nanc- es? Our attorney advisors have the answers to all of your legal questions. 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: patgale@yrinc.com. Q&A 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