Page 8 - New England Condominium April 2020

8 NEW ENGLAND CONDOMINIUM -APRIL 2020 NEWENGLANDCONDO.COM A Property Management Company You Can Trust At J. Butler Property Management, LLC., we measure our success in terms of client satisfaction and take a long-term view of every relationship. www.jbutlerpropertymgmt.com 978.694.9004 James R. Butler IV Executive Manager • Family owned and managed Massachusetts based property management company • Blends management expertise with open communication between the board, unit owners and managing agent, making for a healthier property • Superior cost cutting strategies and vendor pricing • Community website, work order system, online payments • An in-house maintenance team that is able to reduce costs and offer an unparalleled level of service cess so that applicants, participants, and members of the public may reasonably participate in municipal board meetings remotely. Otherwise, municipal boards are encouraged to give due consideration to requests for postponement and con- tinuances of public meetings where the use of such ‘alternative means of public access’ may not be practical or otherwise feasible. Although associations are not di- rectly governed by the Open Meeting law, by analogy it is reasonable for an associa- tion to utilize the measures presented to ensure that essential business of the com- munity is conducted. In New Hampshire, the current ver- sion of the Condominium Act actually explicitly provides for voting without a meeting. RSA 356-B:39-a provides, in pertinent part, that a vote may be taken without a meeting, provided that: • A ballot issues and identifies the ac- tions subject to voting and provides an opportunity for owners to vote for or against each such action; • The ballot indicates both the per- centage of returned ballots necessary to establish a quorum and the percentage required to vote in favor of the proposed action(s) in order for the action(s) to pass; • A date, time, and manner is provided for those owners wishing to share infor- mation with other owners regarding the subject of the vote(s); and • A date and time are specified for the return of the ballot, which time is no few- er than 10 days from delivery. As long as the requirements set forth in the statutory provision are met, New Hampshire associations may conduct a vote without a meeting, and thus accom- plish urgent business safely. Although community association board members should continue to act in accordance with their association’s gov- erning documents when conducting as- sociation business, in cases of emergency where in-person meetings are prohibited or ill-advised because of concerns around COVID-19, boards may consider avail- ing themselves of the options provided by the March Executive Order (i.e., utilizing telephone, internet, or satellite-enabled audio or video conferencing technology) or the provisions of RSA 356-B:39-a (i.e., conducting votes without a meeting). Thereafter, meeting minutes should be prepared to reflect the outcome of such activities, provided that the information therein was not privileged or otherwise protected from disclosure. Moreover, acting now, or in the wake of this crisis, associations should give serious consideration to amending their governing documents to allow for board members and communities to act utiliz- ing remote or other virtual means. n Jennifer L. Barnett and Gary M. Daddario are partners at the Massachusetts- and New Hampshire-based law firm Marcus, Errico, Emmer & Brooks PC. This advisory is offered as a service to clients and friends of MEEB and New England Condominium Magazine, and is intended as an informal summary of certain recent legislation, cases, rulings, and other developments. This advisory does not constitute legal advice or a legal opinion and is not an adequate substitute for the advice of counsel. URGENT... continued from page 1 cessing the facts. Children also notice our emotional state, so try to stay calm and provide facts to help them understand the situation and how everyone can get through this together. Get some physical exercise. Exercise your body to help keep your mind in check. In fact, aerobic exercise is as important for your head as it is for your heart. It has a unique capacity to exhila- rate and relax, provide stimulation and calm, and counter depression and dissi- pate stress. So, take a walk, a run, or even tune in to one of the thousands of free on- line yoga, meditation, or workout videos. Dust off your weight bench and take the laundry off the treadmill. Get on it. Use it. Help each other. Social distancing does not mean you REDUCING STRESS... continued from page 1 shouldn’t seek and give support. Th e up- side to social media is that we truly are more connected than ever before. Find out who needs help and off er it, in a way that keeps everyone safe and cared for. Even with social distancing, you can drop off medicine or supplies to a neighbor or friend. Call your church or check in with your online groups to fi nd out who needs a meal that can be left on their doorstep, or a prescription delivered. And of course, if you bought lots of “bulk extras,” maybe spare a few food or household items for those who weren’t able to stock up. Be creative to ensure our social distancing doesn’t lead to emotional distancing for those most in need. Limit poor nutritional habits that weaken your immune system. One habit to curb is eating or drinking more than 100 grams (8 tbsp) of sugar a day. Th at much sugar reduces your white blood cells’ ability to kill germs by 40%! Also limit your alcohol intake, as studies show that three or more alcoholic drinks daily is enough to suppress your immu- nity. If anxiety or stress interfere with your ability to function or care for yourself or your family, seek professional help. Check in with your personal physician, contact your company-sponsored Employee As- sistance Program (EAP) if you have one, or call a support line like the National Sui- cide Prevention Lifeline (1-800-273-8255)