Page 5 - New England Condominium September 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -SEPTEMBER 2019 5 ■ Depth of Knowledge & Experience ■ Expert Advice ■ Creative Approaches & Solutions ■ Flexible Billing Arrangements Thomas Bhisitkul (781) 817-4611 tbhisitkul@lawmtm.com Christopher S. Malloy (781) 817-4604 cmalloy@lawmtm.com Douglas A. Troyer (781) 817-4605 dtroyer@lawmtm.com Thomas O. Moriarty (781) 817-4603 tmoriarty@lawmtm.com (781) 817-4900 30 B RAINTREE H ILL O FFICE P ARK , S UITE 205 B RAINTREE , MA 02184 (617) 934-4550 265 F RANKLIN S TREET , S UITE 1801 B OSTON , MA 02110 www.lawmtm.com MTM is a full-service Condominium & Real Estate Law Firm Experience, Integrity, & Drive Set Us Apart Uncommon Expertise for your Community of Common Interests QUESTIONS & ANSWERS Legal Q A& Kept in the Dark Q Our association recently hired a new management company, and an announcement was sent to the homeowners announcing the change. A new board initiated this action with no input from homeowners and no discus- sion. I have specifi cally requested infor- mation concerning our budget and if the new management is being paid more than our previous company. It's been over three weeks, and no one will respond directly to my questions. If there was no change in management fee, I'm sure there would have been a quick response confi rming that. Th is stonewalling of my direct questions is very disconcerting to me. What recourse do I have to get honest answers? —Frustrated Owner A According to Mark A. Rosen, Of-Counsel at Scho- fi eld Law Group in Boston: “On the assumption this issue arose in Mas- sachusetts, pursuant to section 10 of the to-date manner within the Commonwealth be unnecessary), I would argue the associa- M.G.L. c. 183A (the Condominium Stat- ute), the corporation, trust or association tion by any unit owner … during regular to achieve compliance with §10.” (the ‘organization of unit owners’) for the business hours … (emphasis added). Ac- condominium may appoint a manager or cess to these records shall include the right managing agent (§10(c)). “However, in conjunction with retaining unit owner. a manager or managing agent, the manag- er or managing agent shall be responsible, ing the records set forth above (whether it without limitation, for keeping the fi nancial is the organization of unit owners or the records including, in pertinent part, the fol- lowing: “(i) records of all receipts and expendi- tures, invoices and vouchers authorizing statement and statement of funds available. payments, receivables and bank statements Th is report shall be made available to all relating thereto; “(ii) (omitted from this response) “(iii) audits, reviews, accounting state- ments and fi nancial reports relating to the er should make a request for the informa- fi nances of the organization of unit owners; “(iv) contracts for work to be performed in management companies referencing the for, or services to be provided to the orga- nization of unit owners (emphasis added); If the association and/or management com- and “(v) (omitted from this response) “Th ese records are to be kept in an up- and shall be available for reasonable inspec- to photocopy them at the expense of the “Finally, the party responsible for keep- manager/managing agent) shall be respon- sible for preparing a fi nancial report that in- cludes a balance sheet, income and expense unit owners within thirty (30) days of its completion. (subsection (d) of §10). “In conclusion, the requesting unit own- tion he/she is seeking regarding the change applicable provisions of §10 set forth above. pany refuses to comply with the request, and the unit owner needs to retain counsel to compel compliance (hopefully that will tion is responsible for the unit owner’s costs When the Board Changes the Meeting Time Q Most of the members of our con- do board are retired, and recently voted to hold board meetings at 1 p.m. instead of our traditional 7 p.m. be- cause aft ernoons are convenient for them. Th e other two board members — and the majority of unit owners — work, and there- fore can’t attend the meetings. I feel this is simply a way for those board members to do whatever they want, with no input or op- position to any proposals. Is there any way for owners to require evening meetings, or is our only recourse to wait through a few election cycles, and vote these people out of offi ce? —Seeking the Best Approach continued on page 18