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14 NEW ENGLAND CONDOMINIUM -SEPTEMBER 2019 NEWENGLANDCONDO.COM Make your next capital project a success. Rebates, incentives and financing options are available to help you: • Lower operating costs • Reduce energy usage • Enhance building performance • Increase property value Learn more and apply today. CT: 877-WISE-USE MA: 800-594-7277 CT: EnergizeCT.com/multifamily MA: masssave.com/multifamily BOARD OPERATIONS Condominium Board Authority Checking the Limits of Power BY A J SIDRANSKY When making the choice to purchase ments that govern the operation of con- a condo or a co-op apartment, many buy- ers choose a condominium to reduce the ‘bundle-of-rights’ associated with real estate board’s involvement in the decisions they are distributed between owners and the as- will make regarding their home. Condo sociation, which is represented by the board. boards’ authority over certain decisions and “Unfortunately,” says Lisa Magill, an attor- aspects of life in their communities is much ney with Kaye Bender Rembaum, which more limited than that of co-op boards, but has offices in Pompano Beach, Palm Beach that doesn’t mean that some condo boards Gardens, and Tampa, Florida, “many board won’t try to impose rules, regulations and members simply do not understand the requirements on residents that are clearly constraints of the statutes and the govern- outside their lane. Doing so – even with the ing documents. For example, while a ten- best intentions – can lead to acrimony, con- flict, and sometimes even litigation. Understanding Limits “People buy into condos to begin with right to obtain background reports or re- because they generally want the freedom ject tenancies. Directors often rely on past associated with a condo,” says Deborah Ko- plowitz, an attorney with Anderson Kill, a without verifying whether rules have been law firm based in New York City. “You have properly enacted.” more freedom to rent your condo out, to do what you want with your unit. That’s sort of a baseline. That being said, that sort of free- dom can be a slippery slope, and can lead made worse by those that are arrogant,” says to solutions where owners think the looser Sima Kirsch, an attorney in Chicago. “When rental provisions give them the right to vio- late \[the\] law by bringing in Airbnb-type ignorantly but innocently, while others ma- tenants short term, having parties and mak- ing noise.” It’s also important for board members to association to run. Unfortunately, ignorance understand and be familiar with the docu- dominium communities and the way the ant screening process is common” for pro- spective renters, “if this provision does not appear in the documents, the board has no practices believing ‘it’s always been that way,’ Ignorance, or Arrogance? “Overstepping of a board’s authority is mostly the result of ignorance, which is then owners become board members, some act liciously cut corners around the rules and law to meet their vision of how they want the is easy to cure through education – which is