Page 17 - New England Condominium September 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -SEPTEMBER 2019 17 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 fine he or she feels is unwarranted, there is the risk of litigation. Renters and Subletters Rules, regulations, and the fines and fees that accompany them apply to all resi- dents — whether they are unit owners, or renters in units owned by someone else. The question is, who pays a fine in a sublet or rental situation? Much of that depends on house rules. “The tenant gets fined if the unit is rented out,” says Roque. “If the tenant doesn’t pay, the owner is respon- sible.” One way or another, the association will get its money. “Leases are usually for one year, and while we rarely evict a ten- ant for nonpayment of a fine, the board will simply refuse to permit the owner to renew the lease,” as per governing docu- ments, Roque continues. Either way, the owner will have to pay the fine in the end. Another provision to ensure fairness is to set up a grievance committee. When an owner is subject to a fine, the case should be reviewed by that committee to insure impartiality and transparency, and to make certain that the fine was not charged arbitrarily or in retaliation for some action on the part of the owner. In the final analysis, boards should be careful about how, when and for what reasons they employ fines to control unit owners’ behavior. Rules are rules, but not everyone may agree with specific pro- tocols and prohibitions. Some may see the rule as unfair or spurious, while oth- ers could view it as perfectly reasonable. Good communication between neighbors should be employed before punishment, while fines and fining in general should be used as a last resort. n AJ Sidransky is a staff writer/reporter for New England Condominium, and a pub- lished novelist. As with most issues, pets and pet owner- ship are governed by the rules set forth in the associations governing documents. In New York, all that may be changing. Ac- cording to Koplowitz, “We have a new rule from the New York Commission on Human Rights regarding emotional support ani- mals. It may make pet policies a thing of the past. It’s so liberal relative to emotional sup- port animals that pretty much any diagno- sis of anxiety can get an emotional support animal.” The Graduate in the Second Bedroom Another common problem facing many condo owners today is that of their grown children living with them or in their stead in their units. What if your recently graduated daughter moves back into her room, but you and the spouse choose to move elsewhere, providing her with a place to live on her own? Opinions are pretty consistent across the board. Unless the condominium is an over- CONDOMINIUM... continued from page 15 55 community that specifically requires at least on occupant and legal owner to be over 55 years old, adult children can live there. Furthermore, unless there are specific pro- visions in the governing documents, minor children are free to live there as well, with or without the owner present. The association cannot prevent you from leasing your unit to someone with minor children. The only provision afforded the association if they are unhappy with your choice of a tenant is to enact their right of first refusal, which we will return to shortly. Renovations and Remodeling Like most other issues, condominium boards have limited authority to control what you can do relative to remodeling and renovations in your unit. Objectively though, residents should approach this area with common sense. Owners should keep in mind that while they may be eminent in their own domain, what they do may affect their neighbors domain as well. It’s best to check with the managing agent and the as- sociation before undertaking major work. “For limited visibility common areas, you can do what you want,” says Van Duyne. “Renovations may require plans, licenses and other approvals,” both from the con- dominium association and other local au- thorities. “They can dictate it.” Another area of control which may be more common in Nevada than elsewhere is in landscaping in horizontal communities—meaning asso- ciations made up of low-rise or single-level units where the unit may have exterior en- trance and exit. These communities will of- ten dictate what the plantings and rock beds placed outside units may contain. If it’s in the governing documents the owners must go along with the plan. Sales, and the Right of First Refusal The greatest benefit to condominium ownership over other forms of community ownership structures (such as co-ops, for example) is that owners can buy and sell their units without the permission of the as- sociation’s board. “That’s the reason people like condos,” says Koplowitz. The associa- tion board does have the right of first refusal, though. In the event they are unhappy with or object to the buyer, the governing docu- ments of most condominiums will provide that the association can buy the unit at the same price the prospective purchaser would have paid, making the seller whole. This rule also applies to leasing of units. Ultimately, as Magill outlines, rules lim- iting the rights of owners to the benefit of the association must pass several tests. “En- abling language in the declaration of con- dominium is crucial. Rule enforceability is determined by analysis of various factors enshrined in case law. The board must have authority to promulgate rules and regula- tions regarding the use of the property, \[but\] the rule or restriction cannot conflict with any of the rights or privileges contained or inferable from the declaration. The rule or continued on page 18