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| by Seth Emmer, Esq. | ||
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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. |
|
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 |