Page 40 - New England Condominium May EXPO 2019

40 NEW ENGLAND CONDOMINIUM —MAY 2019 NEWENGLANDCONDO.COM Ben Ketchen | Corporate Banking 617.520.5349 bketchen@cambridgesavings.com cambridgesavings.com We’re Creative. We’re Reliable. We’re Empowered. Now that you know a little bit about us, the rest is about you. Begin a relationship with us today, and see why you’ll feel like our only customer. n Capital Improvement Loans & Lines of Credit for Condominiums n Commercial Loans & Lines of Credit n Commercial Real Estate Lending n Cash Management Services DAL CPA David A. Levy, CPA, P.C. Certified Public Accountants Areas of expertise in Condominiums ■ Cooperatives ■ Timeshares ALL COMMON INTEREST DEVELOPMENTS Call our office for a complimentary review of your financial needs 617-566-3645 or 866-842-0108 20 Freeman Place, Needham, MA 02492 SERVICING THE EAST COAST FOR 30 YEARS Member AICPA, CAI-NE www.DALCPAPC.net dlevy@dalcpapc.net DavidALevy_E4C_NEC_Sept15:Layout 1 10/7/2015 3:54 PM Page 1 185 Devonshire Street, Suite 401, Boston, MA 02110 Quality Representation at Reasonable Rates. (617) 988-0633 Contact Attorney Frank Flynn: FRANK@FLYNNLAW-NE.COM Flynn_E4C.qxp:Layout 1 12/8/14 2:30 PM Page 1 a diff erent property manager to the building who may be better suited to fi t its needs. Ul- timately, the board should give its manage- ment company a few chances to straighten things out before seeking new management, since the company will usually try its best to accommodate the board rather than lose an account.” Handling Transition When a board sees no recourse other than to change management teams, it should strive to make the transition as seamless as possible. “Ideally, a board should do all it can to end the relationship on good terms,” says Keller. “A manager treated with respect will have much more incentive to ensure a smooth transition than one that is not. What the outgoing manager typically has – and that the board and new manager need – is history. Th e board should consider paying both managers or management companies to overlap services during a transition pe- riod, as it will make the switch much more tolerable. Perhaps the board can even nego- tiate the new manager/company managing for free for the fi rst month or two.” “Th e outgoing management company should organize, label, and turn over all hard fi les and keys it has in its offi ce, as well as any electronic fi les it has for the build- ing, and deliver these items to the board or new management company along with an itemized list of exactly what is being turned over,” adds Kayam. “Certain items may be more time sensitive and require immediate turnover, such as fi nancials, bank account information, and any mortgage informa- tion or payment schedules. Other items such as open invoices, building documents, information related to legal actions in the building, and purchase or lease applications should be delivered contemporaneously with or shortly aft er the time-sensitive items are turned over.” When looking for new management, the board should consider speaking with its at- torneys and accountants, and also consult with other boards to see if they have worked with any companies with which they’ve had positive experiences, Kayam continues. “In addition, boards can join trade organiza- tions or attend trade shows where they will have an opportunity to meet and discuss their needs with many diff erent manage- ment companies.” Change is by its nature diffi cult, but if it’s time to change managers or management fi rms, your board can take comfort knowing that it’s taken all the appropriate steps, and is making the decision from a confi dent, pru- dent position. n Mike Odenthal is a staff writer/reporter for New England Condominium. CONSIDERING... continued from page 39 lies with the parents. “While an associa- tion can restrict or prohibit play in com- mon areas such as hallways, lobbies, stair- wells or elevators, age restriction most likely would not be permissible given housing laws,” notes Chatt. “It should be noted that some states – including Illi- nois – do permit communities to elect to restrict ownership to a certain age (Illi- nois sets that age at 55). In that instance, children would not be permitted to reside in a unit – and as a guest, their access to certain areas can be restricted or regulat- ed more closely. Th at said, just as an as- sociation may restrict common areas for ingress and egress, or prohibit storage of bicycles or shoes, it may also prohibit play activities in those areas as well.” Einhorn urges boards to avoid ap- proaching rules with an assumption that a child left unsupervised will cause mis- chief. “Th at is not a valid basis for requir- ing supervision in common areas,” he says. “If supervision in common areas – or for certain amenities – is going to be re- quired, then the reason should be rooted in safety. Fair housing laws protect the rights of families to enjoy the same rights to amenities as adults, and they should not be subject to oppressive or unnecessary constraints. “Th is begs the question of which ac- tions are or are not overly oppressive for a board to take,” he continues. “For starters, any rule or regulation that targets children specifi cally should be closely examined. A rule should not prohibit children from playing, or prohibit their toys in the com- mon areas. Th e rule should be more neu- tral and rationally based – which does not mean \\\\\\\[catering to\\\\\\\] neighbors who simply don’t want to hear children playing. If rec- reational activity is unsafe in a specifi c area, then prohibit recreational activity for all individuals in that area, instead of banning children or requiring children to be supervised.” And as Chatt points out, this can ex- tend to quiet hours, which can be broadly applied to everyone in the community for specifi c periods during the day. It can also be a good starting point at off ering neigh- bors the tranquility for which they are looking. Ultimately, the accommodation of fam- ilies with young children and the concerns of child-free residents aren’t mutually ex- clusive; it’s all about neighbors respecting each other, and community administra- tors respecting the law and enforcing rules fairly and reasonably. And that’s good pol- icy, whether you’re age four or 84. n Mike Odenthal is a staff writer/reporter with New England Condominium. CO-OPS... continued from page 19 See us at Booth 410 See us at Booth 211