Penny Wise....

by Seth Emmer, Esq.

As readers may expect, often the topics for this column came from incidents or issues which arise in the course of my practice.  Recently, while attending an annual unit owners meeting, I heard a unit owner criticize a board for not having a management company with an in-house engineer who would then undertake all needed engineering work as part of the management fee thus making it unnecessary for the board to retain qualified professionals to handle specific needs.  The issue being discussed at the time involved efforts to remediate a long standing dryer vent problem.  However, the unit owner, went on to site as examples reserve studies, roofing contract specifications, etc.  What was troubling about this was that now, some ten to fifteen years after condominiums became a common form of ownership in this state, there remain individuals who believe that for the basic fee charged by management companies, a fee which all knowledgeable individuals recognize provides the slimiest of profit margins, an association should have no need for third party professionals.  Rather, the management company should provide all.

            It is likely this is the same mentality which lies at the heart of board's attempts to keep level or reduce condominium fees.  Spurred on by corporate downsizing and cost cutting, boards are loath to announce even modest fee increases.  But ask yourself, where in a condominium budget is there fat to be trimmed.  Can the association insure less?  Can it reduce the number of trash pickups?  Maybe it should only cut the lawn once a month instead of once a week?  Maybe snow removal can be a volunteer unit owner task?  The obvious answer to these examples demonstrates the point.  This is not to say that boards and their managers should not be vigilant to ensure that the prices they are paying for specific goods and services are not competitive.  However, what must be recognized is that within a condominium budget there are few discretionary items.  Thus, since we remain in an inflationary economy, though currently modest, it is unrealistic to expect that budgets, and thus condominium fees, can remain flat or be reduced.  This is especially the case since our buildings have now aged to the point that many require significant capital expenses. 
            Unit Owners and boards must have reasonable expectations of what their dollar can buy.  For the fees paid to them, management companies cannot be expected to provide engineering, accounting, legal and other specialized services or advice.  And for what common area fees are spent for, it is unrealistic to expect that they will not increase.  Certain realities must be accepted.  Increased efficiency and cost cutting are laudable goals.  They cannot, however, become the footholds of unrealistic expectations. 

Marcus, Errico, Emmer & Brooks, P.C.

45 Braintree Hill Office Park, Braintree, MA  02184
Telephone: (781) 843-5000    Fax:  (781) 843-1529
E-mail:  law@meeb.com