00:07:55.000 –> 00:08:12.000
It’s also quite the. It’s always been evident in communities and it’s kind of a mix in between tennis and and ping pong.
00:08:12.000 –> 00:08:15.000
I don’t actually know all the rules, do you, Steven?
00:08:15.000 –> 00:08:20.000
No, but we’ll learn it by March 30, thirty-first.
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For the people attending. Thank you. Oh, we got a lot of questions that people submitted upon.
00:08:29.000 –> 00:08:50.000
Registering, so we will attempt to answer all those today, but feel free to add questions and the chat of the and Jake will have that printed out, and, like last month a few next week.
00:08:50.000 –> 00:09:03.000
Will send a response to all who signed up. Given the answers to those questions that, Jake, you have the first question.
00:09:03.000 –> 00:09:06.000
Yup. So yeah, and feel free to type in questions as we go.
00:09:06.000 –> 00:09:18.000
We’ll certainly follow up, either. During this session, if we get to it, or afterward.
00:09:18.000 –> 00:09:35.000
But I will actually do a share screen because we are doing a Powerpoint as well.
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Twins.
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The use of visual aids should be helpful for this this presentation, which ones you?
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I’m on the right.
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You’re the clock on on the bottom.
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Huh, yeah.
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So actually, yeah, we had a. We had a short month because we had our last session on February tenth.
00:09:45.000 –> 00:09:54.000
And we had our last session on February tenth, and now we are into March.
00:09:54.000 –> 00:09:59.000
Ma madness! So we are doing. The first week of March you may notice a Celtics Jersey behind me.
00:09:59.000 –> 00:10:04.000
That is the great Jason Tatum going for an Mvp.
00:10:04.000 –> 00:10:06.000
Run for an Mvp. Run for an Mvp.
00:10:06.000 –> 00:10:15.000
Run for those who join today. You actually have a chat to, or if you submitted questions before you’ve submitted questions before you have a chance to win self-six tickets next Wednesday, March.
00:10:15.000 –> 00:10:23.000
They play the Portland trailblazers and Damian Lilyard, who had 71 points the other night.
00:10:23.000 –> 00:10:28.000
So we do want to give away before we get to the our march.
00:10:28.000 –> 00:10:43.000
Madness. We type Celtics. Ask any question in the chat, and you are eligible to win Celtics ticket, or if you ask a question before. But now we’ll get to the actual fun stuff.
00:10:43.000 –> 00:10:50.000
Alright. So first question eviction processes for commercial unit owner.
00:10:50.000 –> 00:11:03.000
Can an association require a unit honor to evict or refuse to renew the lease of a commercial tenant that is repeatedly violating associations, rules, and regulations that are harming the community?
00:11:03.000 –> 00:11:13.000
For example, cleanliness and standards. So for this question, we’d probably need a little more of the actual facts.
00:11:13.000 –> 00:11:19.000
Specific? Is it a restaurant? Is it a is it a whoops?
00:11:19.000 –> 00:11:22.000
Is it a store? Sorry I’m flipping the questions back.
00:11:22.000 –> 00:11:23.000
There you go!
00:11:23.000 –> 00:11:27.000
Yeah, we’re on it. So we need to know a little bit more.
00:11:27.000 –> 00:11:29.000
Is it a restaurant? Is it from noise? Is it from smells?
00:11:29.000 –> 00:11:34.000
Is it simply cleanliness? If it is a cleanliness issue, you may want to consider contacting the Local Board of Health that could help with kind of remedy.
00:11:34.000 –> 00:12:04.000
That situation generally, as far as evicting for certain violations this applies to commercial unit owners as well a judge or a court is generally it’s gonna give the unit owner some time to remedy the violation rather than immediate termination another recommendation is potentially
00:12:05.000 –> 00:12:19.000
review the least terms this may define what constitutes a breach under your agreement, and also have a timeline to cure the breaches in the meantime, yeah, there’s some stuff you can take recommend.
00:12:19.000 –> 00:12:27.000
Consulting an attorney who can go over the exact timeframe statutorily within your with your State.
00:12:27.000 –> 00:12:34.000
But generally yes, sending a warning or a notice of the least violation, as well as which will pertain directly to the contract terms.
00:12:34.000 –> 00:12:38.000
It’s probably a good first step. The unit order then, fails to secure the violations.
00:12:38.000 –> 00:12:39.000
That’s when you can potentially initiate an eviction.
00:12:39.000 –> 00:12:49.000
Proceeding, but generally, yeah, there’s gonna be a review period.
00:12:49.000 –> 00:12:54.000
And you’re also gonna yes, it’s a cleanliness issue alone.
00:12:54.000 –> 00:12:55.000
You’re gonna wanna contact the Board of health that could potentially eradicate or at least get an investigation going.
00:12:55.000 –> 00:13:00.000
But for.
00:13:00.000 –> 00:13:02.000
And I’ll just, Ellie said onto that that.
00:13:02.000 –> 00:13:06.000
I don’t know if it’s a Massachusetts condominium which I know in this case.
00:13:06.000 –> 00:13:32.000
It is under Van General, chapter 1, 83, a. If there’s misconduct, the unit and owner is responsible for the actions of its tenant, and is responsible for the legal phase and costs involved with any legal action or a litigation so not only
00:13:32.000 –> 00:13:33.000
would the unit and donor have to be paying for its own attorneys?
00:13:33.000 –> 00:13:44.000
It would also be paying a share. It would also be a assess the ladle fees, encourage by the association.
00:13:44.000 –> 00:13:54.000
But as with all these questions, you really need to consult with your attorney, who can take a deeper dive.
00:13:54.000 –> 00:13:59.000
But hopefully, this gives good decent guidelines. You ready to go on, Jake.
00:13:59.000 –> 00:14:01.000
Yeah, let’s get to it.
00:14:01.000 –> 00:14:05.000
Second, hand, smoke other any laws that are addressed.
00:14:05.000 –> 00:14:07.000
Secondhand smoke, traveling from Navy’s Unit we got a couple of questions on second hand.
00:14:07.000 –> 00:14:32.000
Smoke. The first thing is that starting with the case out in Colorado, it was the determined by a court out there that a amendment to the adequate what we would call Massachusetts to Master D, yeah, prohibiting smoking would be effective I against even
00:14:32.000 –> 00:14:39.000
existing owners, retroactively. It was a 4 unit, kinda many M.
00:14:39.000 –> 00:14:46.000
One smoked the 3 others voted to amend, and the court upheld that.
00:14:46.000 –> 00:14:49.000
So in Massachusetts amendments to Massa Deed.
00:14:49.000 –> 00:15:04.000
Trust the Bylaws, we believe, would be upheld in terms of just questions between the 2 units there are steps that could be taken, such as requiring directors.
00:15:04.000 –> 00:15:10.000
There are steps that could be taken, such as requiring door sweeps under the door door of the unit.
00:15:10.000 –> 00:15:17.000
That and in which the smoker resides. And oh! The smokeless ashtrays!
00:15:17.000 –> 00:15:22.000
And perhaps asking people to smoke away from the Hvac system.
00:15:22.000 –> 00:15:25.000
I know of one case where, somebody brought a nuisance claim against a neighbor and against the board.
00:15:25.000 –> 00:15:51.000
The board one. The on that case, but the the may have been rights against the neighboring owner for a nuisance claim, and the dangers from the checking handshand smoke, so like.
00:15:51.000 –> 00:16:13.000
There was also a comment that there was an attempt to amend, and it didn’t get the votes, and the question persons running the question thinks it’s because the investor owners didn’t want restrictions such as that what we found is that they over the past 7
00:16:13.000 –> 00:16:37.000
years. The research indicates that smokeless buildings are more desirable than smoking buildings, so that might be a question of just making the investor owners in the owners who live there aware of the marketability and the desirability of no small buildings.
00:16:37.000 –> 00:16:46.000
Alright. And yeah, actually, it’s kind of a good segue to our next question, which refers to noise compliance.
00:16:46.000 –> 00:16:53.000
How should unit owners deal with excessive noise coming from a neighboring unit?
00:16:53.000 –> 00:16:57.000
Can I require another unit owner to soundproof their unit?
00:16:57.000 –> 00:17:02.000
Funny enough, Steven and I had a lot lot of discourse on this question.
00:17:02.000 –> 00:17:03.000
It’s not as simple as it sounds, even though you would think oh, noise!
00:17:03.000 –> 00:17:09.000
That’s a huge issue. Everyone deals with it.
00:17:09.000 –> 00:17:25.000
That should be pretty black and white, there is a lot of invitation, and this question in particular referred to day-to-day noise, and in the question specifically referring to kids walking around, but not necessarily.
00:17:25.000 –> 00:17:28.000
There was some about screaming in the question, but not like it wasn’t like banging on walls.
00:17:28.000 –> 00:17:49.000
Are yelling or loud music during late hours, which would be pretty obvious noise, complaints, this was about kids walking around kids kind of playing throughout the day, some at night.
00:17:49.000 –> 00:17:57.000
So it will blood into it a bit so generally as to just, you know, noise complaints, or a nuisance.
00:17:57.000 –> 00:18:05.000
The governing documents should address. What a nuisance is, and what would constitute unreasonable interference with another person’s property.
00:18:05.000 –> 00:18:14.000
That being said, a big qualifier. Here noise is relative ports have implemented a reasonable person.
00:18:14.000 –> 00:18:21.000
Standard, to define a nuisance which specifies, would a reasonable person be annoyed by this noise?
00:18:21.000 –> 00:18:29.000
Now, this specific question says, Would, can I require the unit owner to soundproof their unit?
00:18:29.000 –> 00:18:37.000
If it’s a look, if it’s a situation where the walls are too thin, or you believe the walls are too thin and it sounds like you’re here.
00:18:37.000 –> 00:18:43.000
Your neighbor is basically in your unit but there, and they’re not doing anything unreasonable.
00:18:43.000 –> 00:18:51.000
They’re not playing loud music. It’s kids walking around well, I mean, you’re not gonna be able to tell the kids to float or not.
00:18:51.000 –> 00:19:01.000
Walk on the floor, or I get a restraining order to tell the kids that they can’t walk during certain hours of the day.
00:19:01.000 –> 00:19:16.000
That would be obviously not practical. But yeah, if you do think it’s a construction issue or an actual building issue, you’re either gonna want to.
00:19:16.000 –> 00:19:25.000
You could ask the board and the property manager about the issue, and kind of see if the walls do think they were poorly installed.
00:19:25.000 –> 00:19:43.000
The biggest thing I would probably say about this if you’re if you’re a soul unit owner and you’re going to the Board of property manager, you’re gonna have a less likelihood of success on the merits, then if you kind of you know talk with other unit owners, see
00:19:43.000 –> 00:19:58.000
if their experience of the experiencing the same issue, and see if they’ve also they’re like, Oh, yeah, I’ve every time I hear my neighbor come home, it’s like banging even though they’re just walking on the floor.
00:19:58.000 –> 00:20:10.000
That that could that could result in the more people you pull together in your community and go to the board in the property, ma, and say, Hey, you know, we’re all experiencing this issue that could get one.
00:20:10.000 –> 00:20:33.000
It, but I would just add to it that there are sound deadening requirements where there has to be a certain amount of sound deadening to the between units for sound transmission.
00:20:33.000 –> 00:20:36.000
The other thing is.
00:20:36.000 –> 00:20:39.000
Yeah, I was, gonna I was gonna actually say, yeah, call on.
00:20:39.000 –> 00:20:46.000
If everyone agrees, you know, calling engineer someone who could look into a potential sound transmission issue.
00:20:46.000 –> 00:21:11.000
And then I was. The final thing is he years and years ago, community associations, the Institute, the New England chapter, the Attorneys Committee adopted a a standard or guidelines on dealing with neighbor to neighbor disputes and other than cases such as here, whether it could
00:21:11.000 –> 00:21:15.000
be the if you one after the children that could be discrimination claims in Massachusetts.
00:21:15.000 –> 00:21:27.000
So that’s dangerous. But there was a time when there were no condominiums.
00:21:27.000 –> 00:21:34.000
And they really didn’t really blow up here until, like the 19 eighties.
00:21:34.000 –> 00:21:35.000
Oh, and what do people do when they were subdivisions, or living in an apartment buildings?
00:21:35.000 –> 00:21:40.000
And I think what has happened on Friday, is, neighbors have stopped talking to each other.
00:21:40.000 –> 00:21:53.000
So if you have a problem with your neighbor. Well, gee! That’s why we pay the managers.
00:21:53.000 –> 00:21:56.000
That’s why they trip. That’s what the trustees are trying to take care of.
00:21:56.000 –> 00:22:00.000
They have to deal with this problem. And the problem is sounds.
00:22:00.000 –> 00:22:18.000
But the amount of noise is subjective, and if it’s a objective, you could, the manager could, and board who listen to the noise and come up with the determination, and there could be measures such as if there wouldn’t float and putting area rugs or something in that nature.
00:22:18.000 –> 00:22:30.000
Yeah, and that’s a great point, Steve, bringing the community together, taking an issue and bringing the community together, maybe ask your neighbor if they wanna, you know, play a game, pick a ball, use it as a point of camaraderie rather than a contention.
00:22:30.000 –> 00:22:39.000
Yeah, come to our social admin 30 first, tell them, hey, we go play again.
00:22:39.000 –> 00:22:43.000
Pickle ball and work it out. But no, all jokes aside.
00:22:43.000 –> 00:23:03.000
It’s important to yeah, kind of try to come together, and yeah, if that’s not practical or the unit owners not approachable talk to other neighbors and see if they’re experiencing the same issue, it it’s
00:23:03.000 –> 00:23:04.000
it’s. It’s a good idea to bring people together.
00:23:04.000 –> 00:23:12.000
And just to one last point on this I we actually received 2 questions on noise complaints.
00:23:12.000 –> 00:23:19.000
We received another compliance, and I’ve I think this person it’s from a property manager.
00:23:19.000 –> 00:23:32.000
So it’s from the other perspective of a unit owner who’s complaining about another unit owner who has a dog who’s allegedly barking for 12 h a day.
00:23:32.000 –> 00:23:36.000
The unit owners are not agreeing to work it out.
00:23:36.000 –> 00:23:49.000
It sounds like, Oh, yeah, if they’re not agreeing to work it out potentially, the property manager and board can look into the issue and see if the parking is in session.
00:23:49.000 –> 00:23:54.000
But you’re gonna need the the unit owners will need some evidence or some proof, or coming together before just enforcing on, he said. She said.
00:23:54.000 –> 00:24:15.000
All the dogs packing 12 h while he’s gonna say, no, it’s not bring the property manager and see if the issue is actually going on that this property manager actually very very insightful, said potentially, bring bring the brings 2 unit owners together.
00:24:15.000 –> 00:24:23.000
To talk it out, and that’s that’s honestly, that’s that’s a pretty good first step to try and bridge the gap on these issues.
00:24:23.000 –> 00:24:26.000
Yeah, hopefully, it’ll be the last up.
00:24:26.000 –> 00:24:36.000
The idea is that neighbors should be able to resolve most disputes between themselves, but the Board, but we know that doesn’t happen.
00:24:36.000 –> 00:24:42.000
In some cases the board of the manager could certainly act a mediate.
00:24:42.000 –> 00:24:45.000
Those disputes, Jake? Next question, because we’re without.
00:24:45.000 –> 00:24:50.000
Yep, yeah, no. Surprisingly a long one. And yeah.
00:24:50.000 –> 00:24:53.000
But people are curious about this issue. It’s definitely a big one.
00:24:53.000 –> 00:24:54.000
So on. You.
00:24:54.000 –> 00:24:55.000
Hey, John, Annie, may this question is, can there be no annual meetings?
00:24:55.000 –> 00:25:01.000
I, I’ve never heard that question before. The Corporation.
00:25:01.000 –> 00:25:09.000
That might be if it’s incorporated. But most automatic chooses might be a requirement.
00:25:09.000 –> 00:25:37.000
Vanual meetings. I I suppose one could amend the documents to amend out the annual maiden, but in order to provide transparency, etc., I guess my suggestion certainly became very popular during Covid is Zoom Meetings, where the question.
00:25:37.000 –> 00:25:43.000
Was I’ll ask you in your meetings have been a disaster in an efficient with Zoom Meetings.
00:25:43.000 –> 00:25:48.000
It can be controlled. You could bring in a Parliamentarian.
00:25:48.000 –> 00:25:49.000
In some cases lawyers. We’ve been asked to go in as well as that.
00:25:49.000 –> 00:26:18.000
Head up, they run the meeting, so that only one person raises their hand, talks at one and talks, and with zoom you can mute unmute people, but I would a more, for usually some of these tactics to make the meetings lots of a disaster and more
00:26:18.000 –> 00:26:27.000
efficient, and I think it’s possible. I think meetings of unit owners are good to carry on transparency check.
00:26:27.000 –> 00:26:28.000
Nick. Next question.
00:26:28.000 –> 00:26:39.000
Yeah. And to that point, electronic and virtual meetings actually in Florida, and which Florida seems to be a trends that are in a lot of issues, right?
00:26:39.000 –> 00:26:47.000
They in the statute it actually allows for virtual and electronic meetings and voting there’s a ton of software that’s coming out apps that are being used.
00:26:47.000 –> 00:26:52.000
We’ve used it. Or at least I’ve been in contact with a few vendors.
00:26:52.000 –> 00:27:10.000
One called Get quorum! Another called. They’re both they’re both nationwide, and they they do so they can do work in New England, Florida, wherever both of those vendors or apps that they have currently just has seamless meeting and
00:27:10.000 –> 00:27:13.000
voting software. So it’d be it’d be even more, you know, for voting.
00:27:13.000 –> 00:27:21.000
And make sure there’s no no fraudulent voting, nothing going on there.
00:27:21.000 –> 00:27:22.000
But yeah, it’s a. It’s a very developing topic.
00:27:22.000 –> 00:27:28.000
So brings us to our next one, which is election protocol.
00:27:28.000 –> 00:27:32.000
Can you have an election for board members without a quorum?
00:27:32.000 –> 00:27:39.000
Can board members make financial decisions based on email consent? Can boy, yeah, this is multi-part question.
00:27:39.000 –> 00:27:43.000
Can boys record meetings and delete recordings after 30 days?
00:27:43.000 –> 00:27:51.000
So just for the specifics of this question, and as a disclaimer, this is a this was a New Hampshire question, I’m not licensed to practice in New Hampshire.
00:27:51.000 –> 00:28:07.000
My partner at all cost, was the resource for this question, so I am conveying that’s the disclaimer here New Hampshire law, not the same as Massachusetts.
00:28:07.000 –> 00:28:12.000
Necessarily, although it there’s close, close, close standing Provisions.
00:28:12.000 –> 00:28:18.000
But basically to the question you’re gonna want to confirm with your state statute.
00:28:18.000 –> 00:28:31.000
But for New Hampshire? The answer is to all these questions, generally speaking, is no generally you need a quorum at the beginning of the meeting to proceed with actions at an annual or special meeting in New Hampshire.
00:28:31.000 –> 00:28:45.000
The statutory quorum is 33.3%, but documents can provide for as low as 25% to meet warm, that being said, proxies can count towards a quorum, and you may be able to elect directors without a meeting but you would still need a
00:28:45.000 –> 00:28:55.000
quantum, so you again back to the electronic or virtual meetings, potentially doing so by email opens up.
00:28:55.000 –> 00:28:56.000
But the more more specific details you’d wanna consult with an attorney.
00:28:56.000 –> 00:29:07.000
But yeah, it would certainly be possible to do so without a meeting.
00:29:07.000 –> 00:29:26.000
I to that point in 2016 the New Hampshire amendments opened up the process eliminated close meetings but all actions must be taken during a meeting of the Board which can be held by electronic means, and that goes back to to changing landscape electronic meetings
00:29:26.000 –> 00:29:32.000
Rachel, voting, electronic voting all fair game coming into play.
00:29:32.000 –> 00:29:43.000
Not gonna be able to avoid it, and actually makes things more practical in Florida you have to opt in, you have to opt in to the electronic voting mechanism.
00:29:43.000 –> 00:29:44.000
So that’s something to keep in mind. So you you can.
00:29:44.000 –> 00:29:51.000
Still, if you don’t like, if you don’t like the virtual electronic you don’t trust it.
00:29:51.000 –> 00:29:54.000
Don’t trust technology, technology is that’s been a big topic.
00:29:54.000 –> 00:29:57.000
Steve and I have been talking about Chat Gpt.
00:29:57.000 –> 00:30:02.000
All that. It’s not going away. It’s something that’s gonna keep developing.
00:30:02.000 –> 00:30:06.000
We’re gonna have to keep up with. But if you don’t like it, yeah, at least in Florida, you have to opt into electronic loading.
00:30:06.000 –> 00:30:19.000
So, that’s something to keep in mind, I’m sure States will follow Florida, and we’ll see more and more electronic means of doing things in communities.
00:30:19.000 –> 00:30:24.000
So next question.
00:30:24.000 –> 00:30:32.000
So, and somebody made a good comment, which is for meeting control of using robber’s rules and orders.
00:30:32.000 –> 00:30:44.000
The rules of order. They’re various versions, and there’s additions for a smaller, smaller groups a lot of people don’t in Massachusetts, anyway.
00:30:44.000 –> 00:30:45.000
Don’t really know rabbits, rules of orders, but certainly some kind of order system could help.
00:30:45.000 –> 00:30:58.000
The next question is the interesting and horrific.
00:30:58.000 –> 00:30:59.000
It’s on terrorist. So it was, whatever our options to address crumbling foundations can insurance be held responsible?
00:30:59.000 –> 00:31:14.000
Help in this. In this case, what is par type and a quarry in Connecticut?
00:31:14.000 –> 00:31:40.000
There, there were excessive amounts of salt, I believe, which cause excessive amounts of sulfide, I believe, which cause the minerals to be used in concrete foundations within a 44 miles from this place in Quarry and
00:31:40.000 –> 00:31:47.000
Connecticut. They foundations were used in 1983.
00:31:47.000 –> 00:31:50.000
They were outlawed. The problem is that over time, and in this case the person has been in the unit for 28 years.
00:31:50.000 –> 00:32:07.000
28 years is that Paratype is a massive problem, and it stops crumbling and it starts crumbling and cracking.
00:32:07.000 –> 00:32:16.000
And the fact is to lift up the the homes and replace the foundation for single family.
00:32:16.000 –> 00:32:21.000
Homes it’s estimated to be about $200,000 per unit.
00:32:21.000 –> 00:32:29.000
The. So what did people do in Connecticut? This legislation that helps with grants and all that?
00:32:29.000 –> 00:32:53.000
In Massachusetts. I found out that there was a Facebook group called Homeowners against crumbling concrete, and there is a legislation file for this legislative session in Massachusetts, perhaps join that group perhaps get Cai involved because I
00:32:53.000 –> 00:33:15.000
don’t know if the proposed legislation is addressing condominiums as well, but it but it should be, and it seems like a legislative process to fix the issue, because it’s just devastating and people are gonna lose their their
00:33:15.000 –> 00:33:19.000
homes that they have to pay $200,000 for a effect.
00:33:19.000 –> 00:33:30.000
The question on insurance would have to delve into that more or you should have your association attorney.
00:33:30.000 –> 00:33:35.000
Do that the question said that 28 years ago foundations were covered.
00:33:35.000 –> 00:33:49.000
But now they’re not my, and this thing typically. And you could be an exception is that though deterioration over time is not a sudden, an accidental loss, and they therefore is not an ensured loss.
00:33:49.000 –> 00:33:51.000
So, even though you’re foundations might be protected against other casualties.
00:33:51.000 –> 00:34:04.000
Deterioration over time typically as one of them, though there is an insurance regulation in Massachusetts that says, you cannot deny coverage to properties that have paratite.
00:34:04.000 –> 00:34:09.000
But it then goes on and says, but this does not mean that it’s a coverage loss.
00:34:09.000 –> 00:34:39.000
So a great question touchy your turn more at length on it, or give us a call, and we can chat more about what your specific circumstances, and that we we hope that he is successful because it’s a to have a horrible problem to have.
00:34:39.000 –> 00:34:44.000
Absolutely and so we’re also received a note.
00:34:44.000 –> 00:34:51.000
And this probably relates to the disaster annual meetings, implement, strict use of robbery, rules of order, and higher place detail.
00:34:51.000 –> 00:35:00.000
No, that’s actually a really good point. And more and more especially at meetings that become a disaster.
00:35:00.000 –> 00:35:10.000
Or this potential disorderly conduct. I mean, we. We’ve seen some interesting things at some of these meetings where it can get pretty pretty intense.
00:35:10.000 –> 00:35:11.000
So having.
00:35:11.000 –> 00:35:25.000
And no Joe but one of my lawyer friends from Atlanta had a case where the property manager, and this was in within the past year was assassinated by a unit owner.
00:35:25.000 –> 00:35:39.000
They had a put police details for 2 of the attorneys at the firm, and I understand that condominiums just follow the rest of the world.
00:35:39.000 –> 00:35:49.000
But the world is angry, the divisions are are horrible, and it doesn’t end at the Continental level.
00:35:49.000 –> 00:36:01.000
So police details as crazy as it might have sounded at some point is not a bad idea.
00:36:01.000 –> 00:36:20.000
The Zoom Meetings might be another idea. But I don’t have an answer as to how do you stop a unit, or from going into the office and assaulting the property manager or the onsite manager, or one of the trustees?
00:36:20.000 –> 00:36:32.000
Yeah, yeah, unfortunately. And this was a question last week. Do you think the kind of attitudes of unit owners and boards have gotten better or worse over the last 30 years?
00:36:32.000 –> 00:36:37.000
Unfortunately, and I think because of the pandemic and people being cooped up and division and politics on.
00:36:37.000 –> 00:36:45.000
Unfortunately, people are getting at mental health. That’s also been an issue.
00:36:45.000 –> 00:36:48.000
It will actually get to a question on that in a minute.
00:36:48.000 –> 00:36:49.000
Unfortunately, it’s becoming worse and then we don’t mean to scare you.
00:36:49.000 –> 00:36:54.000
But yeah, there are things that you have to look out for.
00:36:54.000 –> 00:37:01.000
And definitely, yeah, please detail, enforce enforcing more security.
00:37:01.000 –> 00:37:10.000
That’s becoming very real. So let’s get to the next question hopefully, I had just to change the mood a little bit again. Celtics tickets.
00:37:10.000 –> 00:37:14.000
We’re given away next Wednesday type in Celtics.
00:37:14.000 –> 00:37:18.000
Any question in the chat, and you’ll be eligible to win 2 tickets.
00:37:18.000 –> 00:37:22.000
And also, yeah, big game. I got some trouble later.
00:37:22.000 –> 00:37:24.000
So let’s get to the next question off.
00:37:24.000 –> 00:37:32.000
In a, and again, zoom knife. If you act with them.
00:37:32.000 –> 00:37:33.000
Hello!
00:37:33.000 –> 00:37:34.000
The next 2 h. Jake won’t understand that, either.
00:37:34.000 –> 00:37:41.000
Will half the audience other than my good friend out there in California, who is listening in?
00:37:41.000 –> 00:37:45.000
So the next question is on fines, Jake, that’s mine right?
00:37:45.000 –> 00:37:46.000
Okay, okay, you got it. Okay.
00:37:46.000 –> 00:37:49.000
Wow! No! I got this one next up, man alright finds that.
00:37:49.000 –> 00:37:55.000
And let’s let’s go back to I mean enforcing issues in the community.
00:37:55.000 –> 00:38:03.000
5 is an association. What is a recommended fine structure, and that is there an alternative?
00:38:03.000 –> 00:38:08.000
2, 5. This one is super case-by-case, specific and very contingent on the type of association you’re dealing with.
00:38:08.000 –> 00:38:17.000
And even the fin you’re dealing with. What’s the violation?
00:38:17.000 –> 00:38:24.000
Violation should be dealt with on a case by case basis.
00:38:24.000 –> 00:38:45.000
First and foremost, generally a fine may not be imposed unless there is written notice, for whatever violation is occurring, this is likely contingent on the governing documents, rules, and regulations, and you know, if, after the written notice potentially a believe.
00:38:45.000 –> 00:38:54.000
it’s a some type of hearing. Or at least allowing the opportunity for hearing for the for the unit owner.
00:38:54.000 –> 00:39:07.000
If they, if the unit still remains non-compliant, fine, generally service an effective way to kind of discourage the continuing actions or violations.
00:39:07.000 –> 00:39:12.000
And you know, if they continue, then you have the.
00:39:12.000 –> 00:39:16.000
It’s documented, written notice is there? They continue violating.
00:39:16.000 –> 00:39:26.000
Second notice, the third notice. All right, then you can, as we discussed earlier, you can start the eviction proceedings if you so choose.
00:39:26.000 –> 00:39:38.000
But this question specifically asks the second part of the question, alternative defines it’s appropriate in some instances, for example, associations may.
00:39:38.000 –> 00:39:41.000
And this this is a Florida law.
00:39:41.000 –> 00:39:49.000
It has a provision in Chapter 7, 18, associations may suspend unit owners, rights to common elements or facilities for a reasonable amount of time for failure to apply with the governing documents.
00:39:49.000 –> 00:39:59.000
So this would mean, someone has a noise to servants and a pool area.
00:39:59.000 –> 00:40:08.000
Good back to the noise compliance. It could be a good idea to implement suspension from from going to that area if they’re seeing there.
00:40:08.000 –> 00:40:25.000
That’s a violation. And that’s when I mean I would say fine, just probably the next step that you would take or written notice, and then finds and and you’d wanna talk to an attorney as to you know the merits of the violations
00:40:25.000 –> 00:40:34.000
as well as as well as just as far as what the next steps are.
00:40:34.000 –> 00:40:36.000
According to your governing documents and your State status.
00:40:36.000 –> 00:40:48.000
As to the next steps in implementing, and you know, either finding them or finding an alternative for fines. Again.
00:40:48.000 –> 00:40:53.000
Pull area common areas, maybe parking privileges.
00:40:53.000 –> 00:41:05.000
In New Hampshire. The statute allows the termination of use of common areas as enforcement measures.
00:41:05.000 –> 00:41:23.000
So in New Hampshire, and it has been upheld by the courts as I understand, up to this point of to make sense that an association, but those who meant barricades in front of somebody’s driveway so Hamster is different than Massachusetts.
00:41:23.000 –> 00:41:33.000
But the the question is, for what purpose? If you find $25 a day in the fines of $30,000 and take no enforcement measures in court?
00:41:33.000 –> 00:41:39.000
Judges are not inclined to grant you that, plus it doesn’t get rid of the issue that you’re finding for.
00:41:39.000 –> 00:41:44.000
So at some point you have to use enforcement for those in New Hampshire, and I think this question is from New Hampshire.
00:41:44.000 –> 00:42:00.000
I use the ability to wait, take away rights to use of combin area as a method and talk here.
00:42:00.000 –> 00:42:04.000
Your association counsel about that. Move on, Jupiter.
00:42:04.000 –> 00:42:07.000
Yeah, yep, let’s do it.
00:42:07.000 –> 00:42:17.000
Okay. So somebody asked about a somebody complaining about a roof and noise from Hvac system.
00:42:17.000 –> 00:42:21.000
There’s a similar case in Massachusetts about that.
00:42:21.000 –> 00:42:34.000
Just on her realty. I think it related to the Burkhouse, we have to take a deeper dive and talk to your attorneys about that, but, like most of the answers of attorneys, it’s it’s Pens.
00:42:34.000 –> 00:42:40.000
So this is 9 gig.
00:42:40.000 –> 00:42:44.000
Yeah, I’ll also, just to that point, keep submitting questions in the chat.
00:42:44.000 –> 00:42:52.000
If we don’t get to it in this session, we will be submitting answers and all that.
00:42:52.000 –> 00:42:59.000
After in a, in a, in a document. And yeah, and if you submit a question, you have a chance to insult it. Tickets for next Wednesday. So?
00:42:59.000 –> 00:43:05.000
Jake, and you know how to print out these chasten from your machine.
00:43:05.000 –> 00:43:08.000
Yeah, I’m probably not gonna print it out, but I can.
00:43:08.000 –> 00:43:09.000
I’ll know how to get it to our devices and then get it to the email, and then we’ll send.
00:43:09.000 –> 00:43:12.000
Yeah.
00:43:12.000 –> 00:43:18.000
We’ll digest it, and then we’ll send out responses.
00:43:18.000 –> 00:43:19.000
Yeah, I’ll fax.
00:43:19.000 –> 00:43:20.000
Good. Good, so you may only a stamp copy. We truly will answer every question on there as best we can.
00:43:20.000 –> 00:43:31.000
People. A few people found it that helpful the last time on budgets of association, push back in Massachusetts.
00:43:31.000 –> 00:43:37.000
Most associations do not require a vote of the unit on us to approve a budget.
00:43:37.000 –> 00:43:48.000
They? That’s not common in a lot of States. A vote is required, or sometimes it’s a negative vote, so that you could vote to.
00:43:48.000 –> 00:43:56.000
You know, it could vote to reverse a budget, but a mess chooses. I think it set up the way it’s supposed to be people electrost these.
00:43:56.000 –> 00:44:10.000
That’s the most power unit donors have, and picking the right trustees, and then having them make the decisions what transparency and communications about what is needed.
00:44:10.000 –> 00:44:25.000
The yeah, if there. A question about what, if alone, is needed, and I guess my suggestion.
00:44:25.000 –> 00:44:35.000
There is, even though, you don’t need a vote to on the budget, and you probably don’t need to vote at least in Massachusetts.
00:44:35.000 –> 00:44:41.000
But it depends on the docks to borrow is a good idea.
00:44:41.000 –> 00:44:43.000
To have a community Zoom Meeting, whatever where you present. What’s being done?
00:44:43.000 –> 00:45:03.000
For example, if there are millions of dollars of engineering issues that have to be addressed to avoid disastrous result is occurred in Surfside, Florida, then you gather what the owners have.
00:45:03.000 –> 00:45:19.000
The engineers there to answer questions, and then the bank representative, because actually, there are some lenders I know video and so share a bank that you 25 to 30 year loans.
00:45:19.000 –> 00:45:27.000
And it might be better to pay $300,000 a assessment per unit.
00:45:27.000 –> 00:45:36.000
For example, over 30 years, and then over, then at once they’re I’m gonna forget some of the banks.
00:45:36.000 –> 00:45:51.000
But there’s Brooklyn Bank, Brooklyn, trust the and other banks that you can talk to us or talk to your attorneys about our manager about who do these type of loans but the loan is actually makes it much more affordable.
00:45:51.000 –> 00:45:54.000
because it spreads it out of a long period of time.
00:45:54.000 –> 00:45:57.000
Jake.
00:45:57.000 –> 00:45:58.000
Next question.
00:45:58.000 –> 00:46:02.000
Cool? Yep. Next question. Alright. So this one’s on some pumps, a unit owner is experiencing.
00:46:02.000 –> 00:46:14.000
Seeping through the concrete floor areas. Considered, unit that I should say concrete floor areas considered, the unit owners responsibility.
00:46:14.000 –> 00:46:18.000
The unit owner wants the Association to install a sump pump.
00:46:18.000 –> 00:46:31.000
The sun pump is located in the common areas. Other owners in the past, this community have been responsible for the sun pump payments and maintenance, and the governing documents are silent.
00:46:31.000 –> 00:46:53.000
As to some pump who is responsible so for this one, my recommendation here is, even if the governing documents appear silent as to some pump specifically, we’d recommend consulting an attorney to conduct careful review of the governing documents and put and possibly
00:46:53.000 –> 00:47:15.000
the State statute to interpret the language, and and what I mean by that is, you can look at some State statutes, for example, for cloud elements are defined as any portion of the association that serves more than one unit so even if some pump and look, I mean
00:47:15.000 –> 00:47:24.000
it’s similar to the United States Constitution, or really any legal documents.
00:47:24.000 –> 00:47:30.000
It’s subject to in terms of and over time that develops.
00:47:30.000 –> 00:47:37.000
You know the classic example that we hear every day is the right to bear arms.
00:47:37.000 –> 00:47:46.000
Well guns in the second mountain guns, and when you know when the Constitution was written, was different than what guns are today.
00:47:46.000 –> 00:47:59.000
So it’s up to interpretation and even if the governing documents appear silent as to the actual words, some pump, it’s something that you’re gonna wanna look into.
00:47:59.000 –> 00:48:01.000
And I think.
00:48:01.000 –> 00:48:04.000
Jake Good, the if I can answer, cause.
00:48:04.000 –> 00:48:10.000
Yeah, I, thought you. I thought you had a thought on this cause.
00:48:10.000 –> 00:48:11.000
We did discuss this before.
00:48:11.000 –> 00:48:12.000
Yeah. So in my mind, the question was a great question.
00:48:12.000 –> 00:48:24.000
The manager knew exactly what she was asking. The unit on is responsible for the appa service of the concrete foundation meaning the rest of that is common area.
00:48:24.000 –> 00:48:39.000
The infiltration of water into units in Massachusetts is highly likely to be a violation of the State Sanitary code and the State Building code.
00:48:39.000 –> 00:48:58.000
The repairs typically would either be to foundations themselves requiring taking out and putting on that block stuff that stops leakage.
00:48:58.000 –> 00:49:10.000
If some pumps of our way and more affordable that work I always suggest that there’s a association is responsible for that expense.
00:49:10.000 –> 00:49:21.000
You can have them viewed on a resource for the electricity, but the essays should pay for the some pump installation.
00:49:21.000 –> 00:49:46.000
I think this is different than Radon, which the questionnaire also asked about Radon is from again. From this the centigrade granted over hundreds of years, and it comes through the flaws and goes into the homes and makes the levels potentially damaged and those cases we don’t
00:49:46.000 –> 00:49:47.000
think that this is a responsibility of the Association, doesn’t violate it.
00:49:47.000 –> 00:49:55.000
State, sanitary code or state building code. They’re only guidance on Radon.
00:49:55.000 –> 00:49:56.000
So we think that this is a distinction, but we’re happy to talk to you about the 2.
00:49:56.000 –> 00:50:05.000
I know we’re getting short on time, Jake, so I don’t know if you wanna rush on.
00:50:05.000 –> 00:50:09.000
Yeah, that’s let’s go on 1.5 speed. Now.
00:50:09.000 –> 00:50:11.000
Okay.
00:50:11.000 –> 00:50:13.000
Oh, this is an important question.
00:50:13.000 –> 00:50:17.000
Okay, on mental health. What steps should property managers take to deal with residents are experienced?
00:50:17.000 –> 00:50:28.000
A mentor of mental health. And then what about readyidents who harbor don criminals that affect Canada on the mental health?
00:50:28.000 –> 00:50:58.000
One. The word is compassion, that mental health is a a sickness that is not a sickness that is not in the intentional behavior, and the first step, whether it’s elderly who might have dementia or
00:50:59.000 –> 00:51:24.000
whatever age is, the contact with family, and you can see if you can get the family involved, and then the next step is to call and seniors all the services, if not social service service agencies in your town at the State level to see what they can do, and then only all that has failed if there’s a housing
00:51:24.000 –> 00:51:29.000
court available would be perfect, but superior code would be okay as well.
00:51:29.000 –> 00:51:53.000
But with the housing port you had. You sit down with somebody who tries to mediate the issues first, and in our experience we’ve had the ability of the per, the meat aid or understanding that somebody, for example, was boiling water consistently, and forgot that they were boiling water and was
00:51:53.000 –> 00:51:54.000
setting off the smoke alums and they gas, fired luxury high.
00:51:54.000 –> 00:52:15.000
Rise in Boston, and the judge, with compassion, looked at the owners and said, I’m gonna I’m not gonna make you move, but I’m gonna require that you have somebody who I’m gonna require a lock on the stove and oven.
00:52:15.000 –> 00:52:37.000
I’m gonna require that they come in that I can’t take a come in with the key to the oven that they prepare your meals, and because I’m afraid that you’re gonna kill yourselves, or the 200 other owner residents in the building so be
00:52:37.000 –> 00:52:51.000
compassionate. The is the key word. Residents who know well, I don’t know if the Post Office is still post.
00:52:51.000 –> 00:53:00.000
The 10 most wanted criminals. But what if there’s a a weapon involved?
00:53:00.000 –> 00:53:21.000
If it’s drug trafficking during the Covid I watched too many episodes of breaking bad, but I would start with the police department that to say, what exactly is the situation?
00:53:21.000 –> 00:53:46.000
It’s sometimes difficult to get offense records, but gather up all the information as to what’s the dangers are, and then speak to your attorney and take a cause, of course, of action from there, Jake.
00:53:46.000 –> 00:53:47.000
And we have. We have 12 min.
00:53:47.000 –> 00:53:52.000
Alright. Yup! Alright! Okay.
00:53:52.000 –> 00:53:53.000
So next one, it actually kinda relates goes back to safety and health absentee owner and keys.
00:53:53.000 –> 00:54:04.000
Our association has no master keys, but a unit owner is leaving his unit vacant for the safety of our building.
00:54:04.000 –> 00:54:08.000
We have requested the ownerly of keys with a trustee owner, refused.
00:54:08.000 –> 00:54:26.000
What can trustees do? Similar? So generally, every unit owner is entitled to exclusive ownership and possession of their unit subject to the governing documents that being said, Massachusetts general law, 1 83.
00:54:26.000 –> 00:54:27.000
A section 4, which this is the law that applies for this question.
00:54:27.000 –> 00:54:41.000
Again, check your specific state statute, or consult with an attorney to interpret the State statute, specify that I look through a couple of statutes.
00:54:41.000 –> 00:54:44.000
They will I mean Florida is basically similar language.
00:54:44.000 –> 00:55:06.000
But the statute specifies that unit ownership is subject to the right of the organization of unit owners to have reasonable access to the units during reasonable hours for the maintenance repair, or replacement of the common areas 8 for making emergency repair to prevent damage to the common areas or
00:55:06.000 –> 00:55:12.000
other units. So, yeah, you have a right to get into this person’s unit.
00:55:12.000 –> 00:55:17.000
If the unit owners are refusing. Practically speaking, I mean, yeah, are you gonna get in?
00:55:17.000 –> 00:55:29.000
If you don’t have ma Master Keys, you may need to send a demand letter to recoup the keys, and you could cite this exact statutory provision, and then eventually that should compel access to the unit.
00:55:29.000 –> 00:55:35.000
Hello! Oh, so first of all, I’m smiling.
00:55:35.000 –> 00:55:45.000
Yeah. Grasshopper, as he starts citing. Chapter in verse of last chapter 183, a section 4.
00:55:45.000 –> 00:55:51.000
I couldn’t. I didn’t. Even I didn’t even know that I didn’t even know it was 1, 8, 3, eighth. Last week I thought it was 1 83 regular.
00:55:51.000 –> 00:56:01.000
Oh, we! Added the edge of the computer. So the other thing you can do based on experience is if they refuse to give the cake.
00:56:01.000 –> 00:56:07.000
Either bring in a lock, Smith, or break the drawdown.
00:56:07.000 –> 00:56:19.000
If there’s a fire in that unit or if the water heater goes and it’s gonna damage 20 floors below all the units break the door down, bring in a locksmith.
00:56:19.000 –> 00:56:26.000
But we’re do whatever after with axes, and whatever else that the fire department comes in with.
00:56:26.000 –> 00:56:41.000
And yeah, the the unit on a computer now, or pay you later, they can give you a K and that gives you some responsibilities in terms of securing those case, which is another total issue on premises.
00:56:41.000 –> 00:56:53.000
Liability that may be reason why you don’t wanna have keys, but if you break down the door it’s gonna be much more expensive for these unit donor than if they had complied.
00:56:53.000 –> 00:57:10.000
Hey, some a lot of people now have the the machines you put on the drawer that you press a like a code, and that, or like hotels, have where you flash the the card over the yeah.
00:57:10.000 –> 00:57:11.000
Blockbox as someone.
00:57:11.000 –> 00:57:20.000
The but anyway, maybe Lockbox, one of our participants, April, is given us some great answers on the box.
00:57:20.000 –> 00:57:21.000
I have to be a.
00:57:21.000 –> 00:57:26.000
Here’s one other thing. This one I learned back in 1979.
00:57:26.000 –> 00:57:33.000
Don’t don’t have the lockbox where they are.
00:57:33.000 –> 00:57:34.000
You have a lot. Yeah, you could have a lockbox that the relatives use, and that’s good work.
00:57:34.000 –> 00:57:44.000
The, if you keep the keys somewhere else, and they’re actual keys, and that could work the if you keep the keys somewhere else, and their actual keys do not code them with the unit number, because that would present a whole lot of liability.
00:57:44.000 –> 00:58:07.000
But the lockbox idea would work and these do not code them with the unit number, because that would present a whole lot of liability.
00:58:07.000 –> 00:58:08.000
But the lockbox.
00:58:08.000 –> 00:58:10.000
Alright, yeah, we have about 7 min. So it’s.
00:58:10.000 –> 00:58:13.000
Okay, we just talk quickly, doesn’t like we keep saying that there’s any message to stay.
00:58:13.000 –> 00:58:24.000
Exist that protects unknowns? This question was asked last month, as well.
00:58:24.000 –> 00:58:33.000
Yes, thousands of a lot that protect the residents of the Commonwealth of Massachusetts and the Condominium Act.
00:58:33.000 –> 00:59:03.000
Has requirements for what board should do. I think that they, the concern that the year on, or is presenting with this question is, that in order to enforce your rights under the Condominium Act, you might have to take legal action, and that comes with the cost but there’s
00:59:09.000 –> 00:59:18.000
a world of difference between saying that is no protections for unit owners when there are plenty.
00:59:18.000 –> 00:59:21.000
The difference is, you have to take action, small claims, court or superior court.
00:59:21.000 –> 00:59:36.000
But you have to take action if you want to enforce these, and if you have a group of owners who want to do it, they can come together and and bring an action.
00:59:36.000 –> 00:59:37.000
But plenty of consumer protection in Massachusetts.
00:59:37.000 –> 00:59:46.000
But you have to pull the trigger and take the action.
00:59:46.000 –> 00:59:52.000
Whether they’re choppingration of the your documents or late a court action.
00:59:52.000 –> 00:59:53.000
Click, next.
00:59:53.000 –> 00:59:58.000
Yup, and we have the Condo acts on our website for the Laura actually has a Dvpr.
00:59:58.000 –> 01:00:13.000
Which is department of business, department of business and professional regulation, and there’s a division of condominiums and there’s plenty of actions that are usually that’s the facilitator into or a easier way than legal action.
01:00:13.000 –> 01:00:23.000
But let’s get to the next question. This relates to Rhode Island law does claim I’m not a I’m not licensed in Rhode Island.
01:00:23.000 –> 01:00:24.000
This one has a law that requires a new association to be set up.
01:00:24.000 –> 01:00:37.000
If a development is not completed within 10 years, is the original association responsible for all maintenance and replacement of roads without any support from the second association. I.
01:00:37.000 –> 01:00:43.000
And again I spoke with an attorney in our office at all cock, actually the managing partner of our firm.
01:00:43.000 –> 01:00:45.000
He’s not aware of any 10 year law, but this may be a limitation on development rights contained in your governing documents.
01:00:45.000 –> 01:00:59.000
Sounds like your association, like many Rhode Island Condominiums, has a master and a sub condominium striker, my partner at all cost. He’s happy to answer this question.
01:00:59.000 –> 01:01:05.000
We talked to him about it again. We will have responses in writing to these, and I this is one will include, because I know this kind of a hunting on the answer.
01:01:05.000 –> 01:01:10.000
But yeah, it’s probably a master sub component issue.
01:01:10.000 –> 01:01:11.000
And we will get to this one through our attorney at all.
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Cock, so!
01:01:17.000 –> 01:01:24.000
And you can, and we’re not telling you not to call your own or trying to get association.
01:01:24.000 –> 01:01:34.000
Has an attorney, and there’s an argument that the last 26 years that I’m part of the association of being unjustly and rich.
01:01:34.000 –> 01:01:44.000
They’re getting a value from the roads, and there are cases where the this is being disputed.
01:01:44.000 –> 01:01:58.000
But just on fairness alone is it fair that the 26 people on the second community get a free ride?
01:01:58.000 –> 01:01:59.000
Yep.
01:01:59.000 –> 01:02:07.000
Next question, Rosemary regulations do not have to be recorded to be enforceable.
01:02:07.000 –> 01:02:33.000
When I started practicing so past the bar in 1979, the somewhere in the eighties, I think I came up with the idea, but could have been anybody who knows I could also say my parents were on the Mayflower, but the the we started the all agreeing the Condominium.
01:02:33.000 –> 01:02:39.000
Attorneys, which is pretty sharing group, and a lot of colleaguesiality, and the consensus.
01:02:39.000 –> 01:02:51.000
Was. Well, if you record the rules and regulations, then it’s not to the world as to what they say.
01:02:51.000 –> 01:02:52.000
So somebody buying or renting take subject to them.
01:02:52.000 –> 01:02:59.000
If you pass rules and regulations, your documents don’t require record and record.
01:02:59.000 –> 01:03:09.000
Anyway, and they the other thing, although there was one.
01:03:09.000 –> 01:03:10.000
It’s this constructive notice because it’s public racket and 2.
01:03:10.000 –> 01:03:26.000
It’s you could place it on the Ur Portal what the rest of the kind of men and documents, and give it as a package to owners, whether it’s a fee for that or not.
01:03:26.000 –> 01:03:34.000
They? Yeah, I say, a lot of questions are coming in on.
01:03:34.000 –> 01:03:35.000
I guess my use of machines for anything invented after 1970.
01:03:35.000 –> 01:03:46.000
I was just informed that it’s rarely called the Fb.
01:03:46.000 –> 01:03:47.000
But thanks. So thank you. We have Jake.
01:03:47.000 –> 01:03:53.000
Barley’s fancy new words. Next one Jake.
01:03:53.000 –> 01:03:57.000
Chat. Gbc. Will tell us also, and I know we’re getting close to the hour.
01:03:57.000 –> 01:04:02.000
But type Celtics are any questions on the Chat Celtics, or any questions you have a chance to win.
01:04:02.000 –> 01:04:10.000
Not the Jersey, but you have a chance to win 2 Celtics tickets for next Wednesday against the Portland trailblazers.
01:04:10.000 –> 01:04:11.000
So type in Celtics type in a question. And you’re eligible.
01:04:11.000 –> 01:04:20.000
Next question. Fiduciary duties, in the absence of an association’s boards of an association’s boards the unit owners have any fiduciary duties.
01:04:20.000 –> 01:04:24.000
Unit owners do not have fiduciary responsibilities.
01:04:24.000 –> 01:04:32.000
The Board has to the fiduciary duties to the unit orders to act in good faith.
01:04:32.000 –> 01:04:41.000
The best interests of the unit owners and exercise do care and diligence, and carrying out your duties for the community for the betterment of the community.
01:04:41.000 –> 01:04:48.000
So you’re gonna act above yourself. Self self-interest in dealing with the association and the unit owners directly.
01:04:48.000 –> 01:04:49.000
So!
01:04:49.000 –> 01:04:53.000
Okay. I say that there’s a shout out from Rob Rob Ansel of the famous Condominium firm of Perkins and Ansel.
01:04:53.000 –> 01:04:55.000
We’re looking to change it to Ansel and Perkins.
01:04:55.000 –> 01:05:06.000
But that’s been a fight over the decades.
01:05:06.000 –> 01:05:10.000
But his comment was, Go, Jake!
01:05:10.000 –> 01:05:26.000
Oh! Hey! And if it lets, I’m I’m gonna make a on the Fly amendment to the Celtics, if you can’t make it to next Wednesday, we also have Celtics tickets for April fifth against the Toronto raptors could
01:05:26.000 –> 01:05:33.000
be fighting for that first place seat at that point. So what’ll leave that option open if you can’t make it to the Wednesday event?
01:05:33.000 –> 01:05:37.000
Only if you can’t make it, though, don’t abuse it.
01:05:37.000 –> 01:05:46.000
Yeah, and yeah, and Jake and push sports, because he loves them, is very knowledgeable about them.
01:05:46.000 –> 01:05:47.000
And I, Governor, has a much versus the president of the Ncaa.
01:05:47.000 –> 01:05:58.000
For college, for college sports. I like pushing education.
01:05:58.000 –> 01:06:09.000
So my comment on the fiduciary duty is unit known as the often too often that we represent all of them.
01:06:09.000 –> 01:06:20.000
And the yeah, we don’t. Your attorney represents the Association acting through its board.
01:06:20.000 –> 01:06:44.000
They? It is not a true democracy where owners vote on every issue that comes up, and it certainly isn’t something where 100 unknown is can call, for example, me and say, Well, you’re my attorney, and this is what I think that is not the case so don’t confused.
01:06:44.000 –> 01:06:55.000
Fiduciary duty, to the loyalty of duty, to the Association, implying anything about representing any particular unit owner.
01:06:55.000 –> 01:07:12.000
Yep, yep. And yeah, that it’s based on specifically how the statutes are worded as fiduciary duty and the legal press event is it’s a special relationship between the board and the unit owners.
01:07:12.000 –> 01:07:28.000
And yeah, this usually involves kickbacks, abuses of power, things like that where it seems like the board is acting for a personal gain over the interests of the unit owners.
01:07:28.000 –> 01:07:29.000
So!
01:07:29.000 –> 01:07:40.000
Okay, if I get to the management rackets very quick, like there are 3 ways to do this in the olden days unit.
01:07:40.000 –> 01:07:41.000
On requested rackets under the statue in Massachusetts.
01:07:41.000 –> 01:07:50.000
They’re open to inspection at the office where the records are capped.
01:07:50.000 –> 01:08:10.000
You can charge a reasonable cost for the for copies on the some who believe they can charge administrative fee as well, so you could have somebody come to your office, go through the box, tag what they want photography and and charge them the other way that this could be done is that
01:08:10.000 –> 01:08:31.000
they could. Some of these documents, like the make, the kind of minimum documents to be on your portal, and then the third option, which a lot of managers like these days is condo, search and home-wise put various documents, even including with buying and selling units that can
01:08:31.000 –> 01:08:36.000
be purchased, and it’s all done electronically and it’s a very speedy method for getting the records.
01:08:36.000 –> 01:08:43.000
The there’s a cost for it, but the bottom line is no matter.
01:08:43.000 –> 01:08:47.000
One of the 3 ways or any others that you come up with.
01:08:47.000 –> 01:09:00.000
You do have the right to rackage, but I mean Massachusetts if it’s condominium, it’s very specific items.
01:09:00.000 –> 01:09:05.000
It’s the kind of minimum documents, minutes, financial statements and contract.
01:09:05.000 –> 01:09:28.000
It is not every record or every communication on emails I read a good article, but Moriarty of Moriarty Troy, and Malloy about jam email communications or tax communications were court ordered.
01:09:28.000 –> 01:09:29.000
They all be. They’re shown, and they had been destroyed.
01:09:29.000 –> 01:09:57.000
It’s called Stoliation and those are possibilities of litigation, and there was a possibility of litigation. The quote wasn’t a kind of minimum case, but the court ruled that you can’t destroy tax than emails one suggestion that I think i’ve mentioned to
01:09:57.000 –> 01:10:05.000
others before is consider getting domain. Name, what the name of the Condominium, or maybe the name of the management company.
01:10:05.000 –> 01:10:20.000
If you can break it into a separate portals, so that, or even a group chat so that, or even a group chat, so that, or even a group chat, so that off board communications so that, or even they group chat so that or even they group chat so that off board communications with the manager and
01:10:20.000 –> 01:10:21.000
attorneys, and all that is all in one place versus in your personal email, a business email.
01:10:21.000 –> 01:10:30.000
The concern is, God knows what might be in your personal email and business emails.
01:10:30.000 –> 01:10:31.000
But you probably don’t want the world to know and business emails, but you probably don’t want the world to know.
01:10:31.000 –> 01:10:38.000
And I heard this answer from somebody who uses duck, duck!
01:10:38.000 –> 01:10:58.000
Go. Yeah, which keeps searches. Visit is you don’t wanna put so anything in emails that you would that would shock and you’d get scolded by your grandmother if she saw them or that would get you in trouble legally. So be careful.
01:10:58.000 –> 01:11:06.000
With what you say through communications, and don’t avoid meetings that are supposed to be.
01:11:06.000 –> 01:11:11.000
If the meetings are supposed to be open, which in Florida is not the case.
01:11:11.000 –> 01:11:12.000
There was also a question by David Abel. I should have a question by somebody.
01:11:12.000 –> 01:11:14.000
Yeah, about town roads. Wow, check to the screen on it.
01:11:14.000 –> 01:11:27.000
And the you should have insurance for that.
01:11:27.000 –> 01:11:29.000
You could probably create a Mini Homeowner Association.
01:11:29.000 –> 01:11:43.000
But first talk to your own homeowners, carrier, and see if their coverage could be expanded to protect you.
01:11:43.000 –> 01:12:01.000
If there’s a lawsuit for, say, a slip and fall, but, damn it, show a vehicle, cause the potholes are kind of a accident because of the allegations she didn’t plow properly, but at least have insurance consider of many
01:12:01.000 –> 01:12:03.000
associated. Jake, do you have a.
01:12:03.000 –> 01:12:12.000
Yeah, that is the end. Again, type in Celtics, or an answer or a question in the chat.
01:12:12.000 –> 01:12:15.000
I just wanted to go back to the management records question.
01:12:15.000 –> 01:12:30.000
We? I dealt with an arbitration down here and basically rule that the unit owner could get almost every email from the property manager and boards email accounts.
01:12:30.000 –> 01:12:42.000
Unfortunately, yeah. And as Steve mentioned the, it’s a good practice to coming up with one domain to centralize all of the emails.
01:12:42.000 –> 01:13:03.000
For this example, in the arbitration, they basically ruled that property man, the property manager’s personal email, the emails from that account, we’re going to be able to be reviewed by public record request which is not ideal because he had included some a boxes and boxes of personal
01:13:03.000 –> 01:13:09.000
emails. It was printed out so we had to go through and figure out what we were gonna deem as privileged.
01:13:09.000 –> 01:13:14.000
And that was that was so.
01:13:14.000 –> 01:13:15.000
Just best practice. Try to get a centralized domain for your community.
01:13:15.000 –> 01:13:19.000
Rather that.
01:13:19.000 –> 01:13:24.000
In that that may be difficult, to. I don’t know how manage it.
01:13:24.000 –> 01:13:44.000
Manages can set up sub accounts under the management company name, but my concern would be, I don’t want to have manageages to not have to set up a 100 separate kind of minimum domains, so if it can be done under the management company with sub private private groups, or if
01:13:44.000 –> 01:13:54.000
we’re gonna be done just by. However, you would do like group chat the so all the communications are there.
01:13:54.000 –> 01:14:04.000
But the managers probably have some ideas in terms of how can this be done without a being overly unwilly?
01:14:04.000 –> 01:14:08.000
Oops. I just accidentally got out of the slide show.
01:14:08.000 –> 01:14:11.000
But yeah.
01:14:11.000 –> 01:14:14.000
Looks like it looks like it looks like I’ve aged in the last hour.
01:14:14.000 –> 01:14:21.000
So. No, that was a it ended up being not a Marcus hour, but a Marcus. 70 min.
01:14:21.000 –> 01:14:27.000
So you got a little overtime and 3 3 extra 10 min from us again.
01:14:27.000 –> 01:14:31.000
Thank you. Type. Celtics type in your questions.
01:14:31.000 –> 01:14:35.000
If we didn’t get them to to them today, which we got a lot of great questions.
01:14:35.000 –> 01:14:50.000
There’s plenty in the chat that look awesome, that we’re gonna get to dig into and get you kind of specified answers there’s plenty in the chat that look awesome that we’re gonna get to dig into and give you kind of specified type in
01:14:50.000 –> 01:15:01.000
Celtics type in any more questions you have, and you, if you type in Celtics or a question, you have an opportunity to win Celtic tickets for either next Wednesday.
01:15:01.000 –> 01:15:02.000
Huh!
01:15:02.000 –> 01:15:04.000
Mark eighth or April fifth.
01:15:04.000 –> 01:15:20.000
Alright! I they and I’ll end with it’s we’re about 10 days away from changing the clocks to get an extra hour of sunlight, which I think should be all 12 months.
01:15:20.000 –> 01:15:33.000
We’re close to St. Patrick’s Day, Saint Patrick was the saints.
01:15:33.000 –> 01:15:42.000
After that, and the Red Sox opener is gonna be in April.
01:15:42.000 –> 01:15:46.000
So Jake doesn’t feel bad that we’re we all are.
01:15:46.000 –> 01:15:53.000
Gonna get snow in Massachusetts and New Hampshire, cause he’s in sunny Florida.
01:15:53.000 –> 01:16:00.000
Live in the thanks everybody sorry for, as usual, talking too much.
01:16:00.000 –> 01:16:08.000
Thanks. Everyone have a good weekend, and we will see you all next month, and we’ll follow up with other answers.
01:16:08.000 –> 01:16:09.000
That we didn’t get to.
01:16:09.000 –> 01:16:13.000
And come up with topics. If you think there should be another type of format.
01:16:13.000 –> 01:16:14.000
Yeah, we’ll accept any feedback you can let us how bad we were. That’d be.
01:16:14.000 –> 01:16:18.000
That’d be awesome.
01:16:18.000 –> 01:16:31.000
Well, the only feedback I got was dear friend again from California, who said, yeah, that he wrote the webinar.
01:16:31.000 –> 01:16:44.000
But yeah, Jake was a much better public speaker, and all I did was sums, and whatever so someday, I want to be, Jake.
01:16:44.000 –> 01:16:48.000
But who doesn’t? Bye, I’ll have a great weekend.
01:16:48.000 –> 01:17:09.000
Have a great weekend, though.
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