Year: 2001

March 14, 2001

The Massachusetts Appeals Court in two recent decisions has provided some clear guidance with respect to the transferability of exclusive use parking spaces, or what many in the industry call deeded parking. It should be noted, however, that in the majority of situations we are not really talking about “true” deeded parking. True deeded parking would be where the parking spaces themselves are units with their own percentage interest. (There is some question whether from [Read More...]

February 14, 2001

In past columns I have written about the need for boards to communicate with the owners on a regular basis. Unfortunately, owners tend to become suspicious of “what is going on” when their contact with or from the board is limited to annual meeting or some isolated memo or letter which, more often than not, is announcing some unpleasant fact, such as a special assessment. To lessen this problem I have previously suggested mailing copies [Read More...]

February 5, 2001

On a number of occasions, governing documents for multiple condominiums with overriding umbrella associations have crossed my desk. More often than not these “grouped condominium” arrangements are premised upon a Declaration of Covenants, Easements and Restrictions. More often than not such documents have no termination date, or if they do, no provision for their extension. Others which have a termination date contain various provisions for what amounts to automatic extensions, unless there are sufficient numbers [Read More...]

February 2, 2001

With the continuation of our strong real estate market, it is easy enough for boards and managers to focus on other issues besides adding value to an association. However, such a period is likely a perfect time to focus on such a concept. Prices are rising, people are buying and selling. Thus, marketing can feed on this positive climate. But what role does a board or a manager have in facilitating the marketing of units? [Read More...]

January 30, 2001

Many associations, as a part of their amenity package, offer such things as exercise classes, yoga, tennis lessons and similar organized activities. As might be expected, these activities are fertile grounds for injuries and, therefore, law suits. Where they are part of the regular operation of the association there is a good probability that this liability would be covered by the association’s general liability policy. However, to be sure that no gap exists, informing the [Read More...]

January 23, 2001

n a recent issue of Common Ground, CAI National’s bi-monthly magazine, there was an article which offered that author’s opinion that Boards, or Covenants Enforcement Committees, should not periodically tour a complex looking for violations. That, the author felt, resulted in unwarranted intrusions on owners’ privacy and fostered a police state mentality. To his view the issue of violations should be complaint driven. Interestingly, a number of readers responded to this article vociferously criticizing the [Read More...]

January 17, 2001

Over the years, the business judgment rule has protected the actions of community association board members. Although various states have given the business judgment rule different standards towards its application, in essence the business judgment rule requires that in the absence of fraud or lack of good faith in a conduct of a community association’s internal affairs, the courts will not second guess the decisions of a board. Obviously, fraud, self-dealing or unconsciousable conduct will [Read More...]

January 11, 2001

In the negotiation of management contracts, boards are often are troubled by fairly standard clauses requiring the association to indemnify and defend the management company. Though to be sure there are appropriate limitations to such a clause, boards should understand that the concept of indemnification flows not only from an insistence by the manager that the association stand behind them when they properly perform their designated tasks, but from basic legal principles. As recently noted [Read More...]