Page 14 - New England Condominium August 2019

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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 www.meeb.com | law@meeb.com MEEB_NEC_June14.qxp:Layout 1 5/19/14 12 ACCOUNTANTS Goodman, Shapiro & Lombardi, LLC Concentrating in condominium and real estate law in MA & RI www.goshlaw.com (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 ynnlaw-ne.com www.fl ynnlaw-ne.com ATTORNEYS ATTORNEYS Merrill & McGeary 100 State Street, Suite 200 Boston, MA 02109 617-523-1760 • Fax 617-523-4893 Contact: Mike Merrill, Esq. mmerrill@merrillmcgeary.com DUCT/DRYER VENT CLEANING INDOOR AIR QUALITY • VENTILATION • DUCT CLEANING AIR DUCT & DRYER VENT CLEANING 800-893-1117 www.continentalcleanair.com 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 www.DALCPAPC.net DAL CPA See Our Display Ad on Page 13 BetterVent is a NEW kind of Indoor Dryer Vent. www.adr-products.com 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. www.lawmtm.com See Our Display Ad on Page 9 Solving your problems today & strengthening your association for tomorrow. 6 Lyberty Way, Suite 201 Westford, MA 01886 (978)496-2000 www.perkinslawpc.com See Our Display Ad on Page 10 fessionals, does not work without charge. It termination of an intrusion by a unit own- would be an unmanageable situation for the er into common area if necessary. A court accountant to have to respond to the direct could also require that the bene cial inter- inquiries of the unit owners. ere appears est of each unit owner in the common area to me nothing odd about that restriction. “One should expect the board to be change in the value of units due to the unit transparent with regard to the association’s expansion. is recalculation would change nancials. e statute simply requires an as- sociation to maintain nancial records and pense charges. make those records available for inspection; it does not require the board to explain the sue without the need and cost of litigation. nancial records. However, the failure or In Massachusetts, where I practice, legisla- refusal of a board to willingly detail the pur- pose of any open accounts or any line item the creation and designation of so-called on the nancial statement would be enough “limited common areas” and also the grant- to raise concern. It is quite possible that in ing and accepting of easements by condo- a larger association the nancials may be minium boards and unit owners. Limited beyond the ability of the lay members of common areas can be either set forth in a the board to explain. In such circumstance, master deed (likely not your scenario) or while not required, it would be reasonable granted by a board. In order for a board to for a unit owner to expect that the board, lawfully create limited common areas or which controls the activities of its accoun- tant, to direct its accountant to provide the to a particular unit owner, the approval of necessary explanation. In the event a satis- factory explanation is not provided a unit cases, mortgagees, must be obtained in ad- owner could demand access to the records vance. Massachusetts law also provides that and have its own analysis done or express the granting of such rights to use common his or her dissatisfaction with the board’s area may not be made upon terms deemed conduct at the next election.” Maintenance Increases and Common Spaces Q My condo board noti ed us that we will be subjected to a mainte- nance increase for this year af- ter a ve-year assessment. What if, say, an owner has several combined units and uti- lizes the common hallway for personal us? Will the hallway also fall under this upcom- ing maintenance hike? —Condo Owner Needing Clari cation A “ e issue you raise is whether this common hall- way space—now apparently being used exclusively by one unit owner— is also subject to the maintenance increase,” says Edward Shanley, a partner at the law rm of Coogan Smith, LLP, based in Attle- boro, Massachusetts. “Preliminary questions I have are wheth- er the unit owner ever received permission from the condominium board to exclusive- ly use the hallway space and whether the special assessment and maintenance fee in- crease are presently correctly assessed to all unit owners. To the extent that the special assessment and maintenance fee increases are correctly assessed to all unit owners, in- cluding the unit owner with the combined units, assignment of a greater portion of common area charges would not be lawful. On the other hand, if it has not been cor- rectly assessed, there are legal mechanisms to address the situation. “Generally speaking, a unit owner has no right to exclusively occupy any com- mon area. Condominium boards can seek injunctive relief from a court to order the be recalculated to re ect any proportionate the amount of a unit owner’s common ex- “ ere are other ways to resolve the is- tion has been enacted which provides for grant easements for use of common area certain a ected unit owners and, in some appropriate by the board. is means that, at least under Massachusetts law, and as- suming the lawful creation of a limited common area or granting of an easement, the board could charge this particular unit owner a reasonable fee for the use of the hallway. is fee would be distinct from an assessment, which is typically based on a percentage of the entire budget. “In short, the space incorporated by the unit owner should either be made subject to the maintenance increase or a separate rea- sonable charge by the board as a condition of allowing the unit owner use of the space.” Q&A continued from page 13 Disclaimer: e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your speci c circumstances. Always seek the advice of competent legal counsel or other quali 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: patgale@yrinc.com. Q&A