Page 15 - New England Condominium September 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -SEPTEMBER 2019 15 O T 617-628-8888 www.weatherproofing.net • Serving New England Building Owners Since 1981 • Concrete Restoration & Coatings • Façade Inspection & Repair • Masonry Repair & Restoration • Sealant Removal & Replacement • Parking Garage Repair & Traffic Coatings • • Specialty Coatings & Flooring • Roofing Installation & Maintenance • Emergency Repairs • Structural Repairs Waterproofing Systems BUILDING ENVELOPE RESTORATION SPECIALISTS OFFERING: Visit Our New Website! AFTER BEFORE View Project Profiles Request a FREE Consultation Sign up for our E-newsletter readily available but rarely taken advantage courts were so clogged with cases. “We also of – while arrogance is a state of being, and have a government agency that an owner can rarely changeable.” According to Ellen Shapiro of Goodman, ing the law. First-time violators are issued a Shapiro and Lombardi, a law firm with of- fices in Massachusetts and Rhode Island, cial issues or is a repeat violation, they have “‘Ignorance is bliss’ is a phrase that has a enforcement powers that can include fines well-earned place...However, condominium or can preclude someone from serving on a boards should be mindful that such incor- rect actions could appear to be a sign of arrogance when responding to a situation. The board might inadvertently overstep the tion as Airbnb rentals, particularly in con- bounds of authority as set forth in statutes dominium properties. Travelers love them, and their governing documents and get neighbors hate them. Policy with respect to themselves into trouble. While it may sound these short-term rentals changes from loca- self-serving, it is prudent to run questions by tion to location. “In New York City,” Koplow- your attorney before quickly reacting based itz, points out, “Airbnb is in violation of the on thoughts, assumptions and possibilities.” ADR—Alternative Dispute Resolution Regardless of the nature of a conflict – or give owners the right to violate the law.” of a board out of bounds – precious few peo- ple truly want to litigate. It’s expensive, acri- monious, and agonizingly slow. One possible regards to limiting rentals and certain activi- way to avoid all that is through arbitra- tion and mediation, often called alterna- tive dispute resolu- tion, or simply ADR. Nationally, the trend toward requiring mediation or arbitra- tion as an alternative to litigation is grow- ing, says Boston- based Eric Van Loon, an attorney and ac- complished media- tor with JAMS, a national dispute resolution that state the purpose of the association and company. “The practicalities and expense in the governing documents, such as the move more people toward mediation and CCNR’s that allow for a or disallow for cer- arbitration. Litigation comes with very high tain types of rentals. When the CCNR spe- costs and a huge time frame – often it takes cifically disallows all rentals, those who buy years just to get a court date.” And when it comes to condominium as- sociations going to bat in the courtroom, are some words that can be interpreted from payment for the legal fees comes from the the CCNRs that permit some restrictions on association’s dues, leaving less for what that leasing. You could also have a set of rules that money was originally intended. “It’s in an perhaps require leases to be deposited with association’s best interest to try mediation management. There are ways to get a handle first,” says Van Loon. Sheila Van Duyne, an attorney and prin- cipal of the Van Duyne Law Group located in Reno, Nevada, says that like New Jersey, Ne- vada requires disputes to submit to resolu- tion through ADR. “The Nevada Real Estate that requires all boards of any type, and all Division (NRED) has an office for complaint landlords of rental buildings to set a smoking resolution between association boards and policy.” That does not mean they have to ban owners.” Of course if the dispute can’t be re- solved through ADR, the plaintiff may seek policy. “First go to the bylaws to see what the redress in court. Magill confirms that ADR is used in ficult to restrict smoking inside a unit.” Florida as well. “We have an arbitration program,” she says. “For violations between there is the ability to stop smoking in com- an owner and the association, the dispute mon areas, but not inside the home. You goes to mandatory but non-binding arbitra- tion.” This program was enacted because the complain to if they feel the condo is break- warning letter, but if it’s with regard to finan- condominium board.” Airbnb Few things can cause as much consterna- law. The looser provisions of condominium living and the right to lease your unit doesn’t Nevada presents the opposite view in many respects. “I see a lot of concerns with ties in and around the condo,” says Van Duyne. “That’s overstepping use restrictions as it re- lates to Airbnb and other short-term rentals. It’s more complicated than you would think. A board can’t just re- strict it arbitrarily. On occasion you can find informa- tion in the articles units there should note this property right is alienated. That being said, sometimes there on this without saying you can’t rent at all.” Smoking and Pets Like short-term rentals, smoking restric- tions vary from place to place. In New York City, says Koplowitz, “we have a new law smoking, it just means they have to have a board can do,” Koplowitz adds. “It’s very dif- In Nevada, Van Duyne says, “Typically, can’t control that.” “It is prudent to run questions by your attorney before quickly reacting based on thoughts, assumptions and possibilities.” — Ellen Shapiro continued on page 17