Page 4 - New England Condominium October 2019

4 NEW ENGLAND CONDOMINIUM -OCTOBER 2019 NEWENGLANDCONDO.COM Thursday, October 10, 2019 BOMA: Fallfest 401 Park, 401 Park Drive, Boston 5:30 p.m. - 7:30 p.m. Connect with over 300 commercial real estate colleagues in the unique industrial style reno- vated atrium of 401 Park in Fenway, Boston. Register at www.bomaboston.org. Wednesday, October 16, 2019 IREM: Awards Night, New Member Installation & Networking Granite Links Golf Club, 100 Quarry Hills Dr., Quincy, MA 5:00 p.m. – 9:30 p.m. Th e Boston Chapter of the Institute of Real Estate Management holds its annual awards night, including the Landscape Contest, din- ner and networking. Th is year’s charity is the Boston Police Foundation/Back up Boston’s Finest. To register, visit www.iremboston.org. Thursday, October 24 – Friday, October 25, 2019 CAI: M-206 – Financial Management Natick, MA 8:30 a.m. – 5:00 p.m. Th is course gives you the tools to understand and apply the principles of fi nancial manage- ment to your community association. You’ll learn the entire budget process, from iden- tifying line items to reconciling accounts to gaining board approval. You’ll also learn how to analyze and report on association fi nances. Register at www.caionline.org. Saturday, October 26, 2019 CAI-New England Annual Conference & Expo Burlington Marriott, One Burlington Mall Rd., Burlington, MA 9:00 a.m. - 3:00 p.m. Th e New England Chapter of Community Associations Institute presents its annual conference and trade show, with breakout seminar sessions under the theme of “Building Superhero Communities.” Register at www. caine.org. Wednesday, October 30, 2019 CAI-CT: Legal & Legislative Symposium Trumbull Marriott, 180 Hawley Lane, Trumbull, CT 1:00 p.m. – 5:30 p.m. A panel of legal experts will cover topics important to your community, including Enforcement Procedures, Risks of Being Un(or Under) Insured; Role of the Association Attorney, Insurance Coverage vs Legal Exposure; and Rental & Leasing Restrictions. For details and to register, visit www.caict.org. CAL EN D AR I P O AWArds & ReCoGnItIon MEEB’s Stephen Marcus Named Man of the Year by Chron’s & Colitis Foundation On Saturday, November 2nd, the Chron’s & Colitis Foundation’s New England Chap- ter will honor Stephen Marcus, a found- ing partner at the Massachusetts and New Hampshire-based law fi rm Marcus, Errico, Emmer & Brooks, which spe- cializes in condo- minium and com- munity association law. Marcus will re- ceive the Founda- tion’s annual Man of the Year award as part of the organization’s 2019 Fete of Food and Wine, its largest annual fund-raising gala. Th e event will be held at the Museum of Fine Arts in Boston, and will recognize Marcus’s integral role in the formation of the group’s New England Chapter, where he currently serves on the chapter’s patient advocacy committee. Marcus has a personal stake in the Foun- dation’s work; he was diagnosed with ulcer- ative colitis in 1967, at age 13. Aft er he grad- uated college, his symptoms disappeared until about 2010, when they came back with a vengeance and Marcus was diagnosed with Chron’s disease. Since then, he has devoted an enormous amount of time and work in raising awareness about chronic infl amma- tory bowel disease, and providing resources, information, and support to those living with them. “I love talking to parents and helping them when they don’t know where to turn,” says Marcus of his work with the Founda- tion, “or when they have to make tough choices and they need support. It can be so overwhelming dealing with treatments and the various biologics, and I know what it’s like to be a teen with IBD and an adult with IBD, so I can relate. It’s a great reward to sup- port so many people – they’re my motiva- tion.” As for the upcoming award, “Th is feels like a culmination of what I’ve spent the large part of almost a decade focusing on,” says Marcus, “and I hope that we’ve had – both nationally and as a chapter – a large part in bringing us a few steps closer to a cure and advancing important treatments.” For information, visit crohnscolitisfete.org. Mass. Community Named “Excellence” Finalist In a press release, Braintree, Massachu- setts-based Peabody Properties said that “Gateway North” in Lynn, Massachusetts, has been named a fi nalist for the Urban Land Institute’s Jack Kemp Excellence in 2019 PULSE/CALENDAR QUESTIONS & ANSWERS Legal Q A& Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. continued on page 13 Can a Board Fine for a Free Service? Q I own a condo. My building has charged me a fee of $300 and I don't think it is fair. A friend visited me in my apartment a month ago. She was cooking a meal and inadvertently left one of the burners slightly on without a fl ame. A neighbor of mine has a gas detector so she called the gas company. It took them a few minutes to determine that some gas was coming out from one of my burners. I called the gas company and found that their inspection visit was free. Yet my build- ing charged me $300, which I think is very unfair and fraudulent. Is it possible for me to fi le a complaint and get my money back? — Upset Owner A “Your association has the right to make and enforce certain rules, including through issuing fi nes,” says Christopher Malloy, a principal at the law fi rm of Mori- arty Troyer & Malloy LLC in Boston. “Th ose rules and a fi ne schedule should be in your governing documents (Master Deed, Bylaws and/or Rules and Regulations). Check your condominium documents to see whether the conduct is prohibited specifi cally or per- haps more generally (to ensure the safety and well-being of other unit owners and the common areas), and whether the $300 fi ne is consistent with the schedule. “Your association governing documents may require a written notice prior to issu- ing a fi ne or may allow for an appeal of a fi ne. Even if your documents do not have a specifi c right for a violation notice or appeal process, you could always write to the board and ask that it waive or reduce the fi ne as the gas company did not assess any fee to the association and, if true, that this is the fi rst such incident. “Please know, though, that it may be the case that the management company had to respond to the gas incident and deploy re- sources (even if the gas company did not charge for the visit). Th ose management company fees could be outside the manage- ment contract and billable to the association and, through the governing documents, chargeable to the unit owner so that the board may need and be able to recoup those costs.” n Aff ordable and Workforce Housing Award. Managed and marketed by Peabody, Gate- way North is a mixed-income and mixed-use community of 71 apartments and includes ground fl oor commercial space. Th e develop- ers, Hub Holdings, LLC and Neighborhood Development Associates of Lynn, partnered to transform blighted, vacant land into a transit-oriented project located across from North Shore Community College and an MBTA commuter rail station. “We congratulate Gateway North on this signifi cant accomplishment and we are quite proud to have one of our managed-com- munities named as a fi nalist for this coveted award,” said Karen Fish-Will, Principal and CEO of Peabody Properties. Th e award, established in 2008, is named in memory of Jack Kemp, former secretary of the U.S. Department of Housing and Urban Development. It recognizes exemplary de- velopments that demonstrate creativity in ex- panding housing opportunities for America’s working families and honors developments that meet aff ordable and workforce housing needs and help to create mixed-income com- munities of opportunity. IndUstrY NeWs Dolben Company to Manage Th e Reserve Th e Dolben Company, Inc. has assumed the management of Th e Reserve at Burling- ton, a brand-new community in Burlington, Massachusetts, according to the New England Real Estate Journal . Located in an established offi ce park, Th e Reserve consists of 270 units with a mix of studio, one-, two- and three- bedroom apartment homes. Amenities in- clude: three outdoor courtyards; a 24-hour fi tness center; pool with sundeck and grill- ing areas; a living wall; and a multitude of resident work and lounge spaces. Additional amenities include a pet spa; Amazon Hub package management system; and covered parking with electric car charging stations. First occupancy is expected this month. Th omas Beaton, senior vice president, management, said: “We are delighted to be managing Th e Reserve. Th e property is ide- ally located for commuters, and off ers an un- paralleled amenity package. We have already seen a great deal of interest from the market, and are looking forward to an accelerated lease-up.” LAW & LeGIslAtIon Rhode Island Adds Penalties to Condo Act Related Beal has unveiled Th e Quinn, its newtrial warehouses. In June, the provision of the Rhode Island Condominium Act concerning Resale Certif- icates was amended by the passage of H5129, according to Frank Lombardi, partner at the law fi rm of Goodman, Shapiro & Lombardi.