00:18:37.000 –> 00:18:45.000
That 100% is legal. There is legislation that is file, that if it passes would change that to something like 75 for unit donor transition.
00:18:45.000 –> 00:19:01.000
So keep an eye on that we also would want to see the documents personal sale agreements, brochures to see what you are promised.
00:19:01.000 –> 00:19:11.000
And it’s, yeah, there is an obligation on the developer and he’s wearing 2 hats.
00:19:11.000 –> 00:19:14.000
So she is wearing 2 hats as developer and as board member of having do duty, loyalty to to you as you.
00:19:14.000 –> 00:19:21.000
But at the same time having their own self interest with the as developers.
00:19:21.000 –> 00:19:26.000
Okay? Next, question.
00:19:26.000 –> 00:19:32.000
Well, yeah. And I also just wanna add to that just a general developer, Turnover.
00:19:32.000 –> 00:19:33.000
Yes, pretty, stretching, and Steve and I were talking about this earlier this week.
00:19:33.000 –> 00:19:45.000
Pretty. It’s pretty stringent requirements in Massachusetts, in Florida.
00:19:45.000 –> 00:19:52.000
It’s section 7, 18, dot 300 and one actually has several different triggering events.
00:19:52.000 –> 00:19:55.000
And Steven and I were discussing its we could go through all of them.
00:19:55.000 –> 00:20:02.000
But there’s about 8, 8, or 9 of them, a bit more consumer, friendly, and easier to, you know.
00:20:02.000 –> 00:20:11.000
Deal with turnover and and less stranger requirements, and I will get to the next question.
00:20:11.000 –> 00:20:15.000
The question is, our board is treating bylaws as guidelines, not requirements.
00:20:15.000 –> 00:20:32.000
Do I take them to court the the short answer is, No, basically there are other avenues short of court and litigation, and even though we’re attorneys and we get paid off of litigation and going to court, we would suggest a avoiding litigation
00:20:32.000 –> 00:20:34.000
Costly time consuming for everyone involved more. I’m uncertainty of results instead.
00:20:34.000 –> 00:20:49.000
If if this, if this specific issue is going on, we would try to discuss, we would recommend trying to discuss with the Board directly and just explain your concerns.
00:20:49.000 –> 00:21:01.000
Oops, explain your concerns. You may want to directly convey exactly what bylaws are provision to your signing, to that you have issues with.
00:21:01.000 –> 00:21:07.000
And look at that language in the governing documents there are still disagreements that’s when you come to the attorneys that’s all.
00:21:07.000 –> 00:21:08.000
With an attorney, interpret the governing documents.
00:21:08.000 –> 00:21:26.000
Sometimes it’s the difference between shall and May language but if you’re pretty confident in in the position, we can take a look any other attorneys who specialize in this area can take a look and take a look and try to interpret the governing documents
00:21:26.000 –> 00:21:31.000
Accordingly, at that point short of litigation, usually start with a demand letter see if you can resolve without core.
00:21:31.000 –> 00:21:38.000
First, it’s still an issue. That’s when you may wanna consider quite.
00:21:38.000 –> 00:21:45.000
But it’s case by case you don’t I guess it’s the American way you wanna come down with an iron fist.
00:21:45.000 –> 00:21:50.000
File lawsuit, litigate. There’s other happens.
00:21:50.000 –> 00:21:52.000
So.
00:21:52.000 –> 00:21:56.000
Let’s get to the next question.
00:21:56.000 –> 00:22:06.000
Okay, this is on record. Request the unit owner who’s also trustee, secretary of the the Board, lives in a 10 unit condominium.
00:22:06.000 –> 00:22:10.000
One unit owner on 3 of the 10 units. Nobody.
00:22:10.000 –> 00:22:21.000
The manager and the the says, Go to the trustee.
00:22:21.000 –> 00:22:25.000
The head. Trust they won’t give the person that Iraq is.
00:22:25.000 –> 00:22:30.000
The person is aware that the Massachusetts kind of Mini Mac. Mass.
00:22:30.000 –> 00:22:45.000
General log chapter 183. A at section 10 has requirements in condemniums for what records juniorors are entitled to in financial statements, etc.
00:22:45.000 –> 00:22:46.000
I think, what the unit on it was also getting to is that the person did not say any provision for.
00:22:46.000 –> 00:23:03.000
But if we still, which may not be the the wise, for a step is, say, take, said, do we do they have to pass our a legal phase generally?
00:23:03.000 –> 00:23:26.000
The answer is, no. In Massachusetts, but if you look at Section 10, there is one paragraph which I believe is the paragraph on the 100 twenty-day finite statements which I believe, for whatever reason has after it, that if there’s a fight in that paragraph
00:23:26.000 –> 00:23:31.000
Over the, I believe, getting the hot year on financial statement that the prevailing party isn’t entitled to legal phase.
00:23:31.000 –> 00:23:43.000
So there’s power and things that you can do the fact that the assert that they laws don’t say that you get legal fees.
00:23:43.000 –> 00:24:02.000
There are remedies, and it may be as simple as a demand letter to the Head Trust State and the rest of the trustees, because you get get you the result that you want Jake
00:24:02.000 –> 00:24:04.000
Right.
00:24:04.000 –> 00:24:10.000
Did you? Did you mean that
00:24:10.000 –> 00:24:11.000
Hmm.
00:24:11.000 –> 00:24:12.000
Yeah. Great job.
00:24:12.000 –> 00:24:15.000
I also just wanted to go. No, I I was actually looking at a question.
00:24:15.000 –> 00:24:16.000
Someone asked, Who are the experts for the reserve site?
00:24:16.000 –> 00:24:23.000
So the reserve study question, what are the laws for maintaining reserve studies?
00:24:23.000 –> 00:24:29.000
We suggested conducting a reserve study. There’s this there’s plenty of these vendors out there.
00:24:29.000 –> 00:24:34.000
One of the companies that I have dealt with is called reserve advisors.
00:24:34.000 –> 00:24:38.000
They have locations throughout the nation, there, that’s just one example of a company.
00:24:38.000 –> 00:24:45.000
They have locations in Massachusetts, Rhode Island.
00:24:45.000 –> 00:24:50.000
I think new here. I don’t call me on that, even though those are being recorded.
00:24:50.000 –> 00:24:51.000
They do have locations throughout the nation and throughout New England.
00:24:51.000 –> 00:25:03.000
And they are they. They’ll come out and they’ll do it as our studies at your property and there’s others we we could certainly you don’t wanna just you what you want to look into other options.
00:25:03.000 –> 00:25:11.000
But there are. There’s specialists who specifically look into reserve studies and the call reserve advisors pretty good company.
00:25:11.000 –> 00:25:18.000
We’ve dealt with before. But the next question What is the procedure to change?
00:25:18.000 –> 00:25:25.000
To Change our governing documents, to require an odd number of board members rather than a specific number like 5.
00:25:25.000 –> 00:25:45.000
So this way. This is pretty broad question, and it’s the procedure for for just generally changing governing documents is going to actually be largely contingent on the governing documents themselves, and state specific laws.
00:25:45.000 –> 00:25:57.000
I know in some states they’ll have different rules for increasing versus decreasing the size of the boards, so it may depend on that.
00:25:57.000 –> 00:26:17.000
The the language will vary generally. What you’re gonna see in governing documents is some language that may say that the the option to change the number of board members is in the Board’s discretion, or it could be up to a member vote those are the 2 most common I
00:26:17.000 –> 00:26:26.000
Would say ways to change it, change the the the Board members, but it’s got it regardless.
00:26:26.000 –> 00:26:45.000
And again, you’re gonna have to go back to the governing documents, and perhaps engage in a tyranny to guide through this process it’s it’s it could be either in the bylaws or articles on corporation but you’re gonna want to you’re
00:26:45.000 –> 00:26:47.000
Gonna want to look at that. That’s probably the first place you’re gonna want to look.
00:26:47.000 –> 00:26:53.000
And that state specific. If there’s any specific things as to increasing rich is decreasing.
00:26:53.000 –> 00:27:01.000
The board size, just as a general kind of kind of point that I wanted to make.
00:27:01.000 –> 00:27:02.000
Some boards consider having staggered terms for the board members.
00:27:02.000 –> 00:27:12.000
This allows for more continuity. Changing of ideas. It’s it’s it can be.
00:27:12.000 –> 00:27:19.000
A good practice depends on. Obviously, your specific association. But that’s not on common.
00:27:19.000 –> 00:27:26.000
To have staggered terms for the board members. But yeah, you’re gonna want to look at the governing documents.
00:27:26.000 –> 00:27:27.000
That’s pretty much what you’re going to want to look at could be boards.
00:27:27.000 –> 00:27:36.000
Discretion could be a unit member vote either way. Yeah, you you you’ll want to.
00:27:36.000 –> 00:27:41.000
You’ll want to review that. And potentially get interpretation from an attorney.
00:27:41.000 –> 00:27:46.000
But next question, this one’s a fun one
00:27:46.000 –> 00:27:51.000
They didn’t sound like his father. This question comes from, I believe, an engineer in New Jersey who also has an office in Massachusetts.
00:27:51.000 –> 00:28:11.000
Another places, and it’s trick. Question the answer, the true answer is that shake is not at all like me, Jake’s next question.
00:28:11.000 –> 00:28:16.000
Well, well, is that is that a
00:28:16.000 –> 00:28:17.000
Where we at
00:28:17.000 –> 00:28:19.000
I, yeah, maybe maybe we have maybe a little rapid fire, because we’re about halfway through.
00:28:19.000 –> 00:28:21.000
But though we I interrupt you, what do we
00:28:21.000 –> 00:28:28.000
I’m plenty of time. But is that a good thing or bad thing that I’m not like you?
00:28:28.000 –> 00:28:34.000
I think the person asking the question believes it’s a great thing
00:28:34.000 –> 00:28:36.000
Okay.
00:28:36.000 –> 00:28:37.000
He doesn’t like you.
00:28:37.000 –> 00:28:41.000
No, it does.
00:28:41.000 –> 00:28:45.000
I I’m kidding. Everyone likes Steven. Alrighty!
00:28:45.000 –> 00:28:53.000
How’s there been any substantive change in attitudes of unit owners and or board meetings over the last 30 years?
00:28:53.000 –> 00:29:04.000
This is kind of a a tough question for me, because 30 years ago I was 3.
00:29:04.000 –> 00:29:10.000
So it was kind of hard to really see how how, I I don’t think in my in my you.
00:29:10.000 –> 00:29:14.000
You can tell me, Steve, but I’ve known you for probably 33 years or so.
00:29:14.000 –> 00:29:20.000
A little more same as longer, too. Bye? Oh, when I was 3, I don’t think I was.
00:29:20.000 –> 00:29:23.000
I knew anything about the attitudes of unit owners and board members.
00:29:23.000 –> 00:29:24.000
Oh!
00:29:24.000 –> 00:29:27.000
You’re only in Junior college at the time, so no, you didn’t
00:29:27.000 –> 00:29:41.000
Okay, okay. But my, my conjecture of this, and what I’ve seen in my practice is that unfortunately, and I think it’s a direct byproduct of the pandemic attitudes have likely taken a step back.
00:29:41.000 –> 00:29:47.000
And luckily gotten worse. Tension has gotten worse I’d say it’s a little bit more contentious.
00:29:47.000 –> 00:29:59.000
The reason for that, and my my kind of opinion on that, and and my mentor and partner, LED has also kind of notice.
00:29:59.000 –> 00:30:02.000
This, as well, and I don’t want to speak directly for him.
00:30:02.000 –> 00:30:11.000
But this is at least what I’ve kind of, you know, gathered people are in their units all day and at home, and had nothing better to do.
00:30:11.000 –> 00:30:12.000
Then oh, my! My shrubbery is not right. Oh, something’s wrong with my window!
00:30:12.000 –> 00:30:19.000
Oh, the neighbor is causing a scene. Oh, I don’t like that, neighbor.
00:30:19.000 –> 00:30:22.000
I’m gonna complain about them. They have nothing better to do.
00:30:22.000 –> 00:30:27.000
They just want to argue, pick fights over little things, you know.
00:30:27.000 –> 00:30:36.000
It’s it’s we we don’t. We don’t, even though we kind of deal with a lot of disputes and that’s kind of our our practice.
00:30:36.000 –> 00:30:44.000
We tell people try to work it out, use, use any other you don’t you? You’re gonna have more in common than your neighbors than you may think.
00:30:44.000 –> 00:30:54.000
Try to use, for example, a game of pickle ball, which is the fastest growing sport in the world as a as a point of camaraderie.
00:30:54.000 –> 00:31:02.000
Versus contention. It’s life’s too short to argue about everything causes seen over everything.
00:31:02.000 –> 00:31:08.000
You have to live with these people. Unfortunately, it’s part of living in a community association.
00:31:08.000 –> 00:31:17.000
And yeah, we would, we would suggest, let’s let’s be better at it’s it’s probably gotten worse from the pandemic.
00:31:17.000 –> 00:31:20.000
But there’s always a there’s always a new day.
00:31:20.000 –> 00:31:24.000
So that’s my preaching, I guess. More than legal advice
00:31:24.000 –> 00:31:31.000
And, I’ll just add, Jake, that that is a very important question.
00:31:31.000 –> 00:31:36.000
I think, say, I has a publication about maybe it’s called Be reasonable with rules and all that.
00:31:36.000 –> 00:31:49.000
I think they has been progress, but the person who’s asking has been dealing with kind of millions for probably 45 years, and sort of as an outsider.
00:31:49.000 –> 00:32:01.000
But it’s something. Yeah, bringing community into associations is something that we’re constantly trying to get a better handle on.
00:32:01.000 –> 00:32:10.000
Let me go into the next question.
00:32:10.000 –> 00:32:17.000
Yeah, a. So on the this person. I actually spoke to them.
00:32:17.000 –> 00:32:30.000
The question came in like 10 days ago, and it looked like those really time sensitive, those a fire asbestos was found in modest amounts.
00:32:30.000 –> 00:32:39.000
The the the insurer is gonna cancel coverage and other insurers will not provide the insurance or that’s the concern.
00:32:39.000 –> 00:32:59.000
And we need to disclose to our association. The first have I told this person was, get an expert on kind of medium insurance, and I reach out to somebody who’s it?
00:32:59.000 –> 00:33:04.000
Seems I that there’d be no market available so the Condominium Insurance experts as agents get no more money.
00:33:04.000 –> 00:33:19.000
Selling a policy than your crazy uncle, who sells insurance does, so there’s no reason not to use the best they think that isn’t sure.
00:33:19.000 –> 00:33:28.000
What exists also bring in asbestos expert to say exactly what it is that you need that needs needs to be done.
00:33:28.000 –> 00:33:42.000
I think the firewall was to one building, and I don’t think the asbestos was disturbed, and the others, but an expert has to say what had what has to be done once you have a handle on that.
00:33:42.000 –> 00:33:44.000
The you can do 2 things. One is again the association loans.
00:33:44.000 –> 00:34:10.000
If it’s very expensive, reach out to one of the lenders, and who lend 2 associations on the major expenditures, and once you have all the information together, let the unit owners now because if there’s any hazard from the exposure to
00:34:10.000 –> 00:34:18.000
aspest this once the fire repail, that that should be disclosed, so that they can take their own own precautions.
00:34:18.000 –> 00:34:22.000
Jake.
00:34:22.000 –> 00:34:23.000
Was it? Was it rally? Okay, okay, thanks.
00:34:23.000 –> 00:34:26.000
Great. So no, that was terrible. But I it’s kinda just habit.
00:34:26.000 –> 00:34:32.000
I ha! As as your son. I kind of have to say great every time you do something to kind of.
00:34:32.000 –> 00:34:33.000
Oh, great!
00:34:33.000 –> 00:34:36.000
I have to puff your feathers
00:34:36.000 –> 00:34:42.000
Alright. So let’s see.
00:34:42.000 –> 00:34:48.000
What I wanted to. Also, just point out, continue using the chat function.
00:34:48.000 –> 00:34:54.000
We’re going to try to answer those as well
00:34:54.000 –> 00:34:55.000
Yeah.
00:34:55.000 –> 00:34:59.000
And the Q. A. As well. I see couple of Dina will print out both the chat, let’s say, about the chat and the Q.
00:34:59.000 –> 00:35:06.000
A. So continue asking the questions, and we will try to answer them.
00:35:06.000 –> 00:35:13.000
Post Webinar, and that hopefully next week, with an email to all who have all the attendees
00:35:13.000 –> 00:35:14.000
Yeah, well, we’ll we’ll answer every single question.
00:35:14.000 –> 00:35:21.000
It’s just a matter of if we get to it today, limited to an hour or what we’ll get.
00:35:21.000 –> 00:35:28.000
We’ll get via touch in the next week. So continue using that also, I just want to give a shout out to Cai, New England.
00:35:28.000 –> 00:35:31.000
I see Claudette Karin is in here.
00:35:31.000 –> 00:35:37.000
Rembrandt that Cai is a great resource for all things.
00:35:37.000 –> 00:35:43.000
Homeowner, association, condos, nationwide, and a good resource to go to.
00:35:43.000 –> 00:35:44.000
But to the next question, split unit owner. Members split unit owners, slash members our association has no board but has investors.
00:35:44.000 –> 00:35:58.000
Some residents are content with the situation, and someone will say, How should we proceed to satisfy all members?
00:35:58.000 –> 00:36:02.000
The only issue with this question is as part of living in a community.
00:36:02.000 –> 00:36:03.000
You’re going to have a very hard time satisfying all members.
00:36:03.000 –> 00:36:18.000
Factions develop clicks form. People have opinions again to the last question that I answered, board member, our unit owner attitudes board member attitudes.
00:36:18.000 –> 00:36:22.000
There’s there’s contention. There’s going to be issues and communities.
00:36:22.000 –> 00:36:37.000
It’s you’re going to have a hard time satisfying all members as far as making a decision here it’s gonna be some type of voting mechanism, whether it be and basically in compliance with the the governing documents.
00:36:37.000 –> 00:36:41.000
Or State statute would be most appropriate.
00:36:41.000 –> 00:36:55.000
So you’re gonna wanna take a look at the basically the voting mechanism and and or governing documents and and figure out what it would take to make a decision amongst the members unanimous vote would be great.
00:36:55.000 –> 00:36:56.000
I don’t know it. It’s gonna be hard to satisfy all members, especially in this situation.
00:36:56.000 –> 00:37:10.000
Sounds like there’s split opinions. So we’ll get to the next one
00:37:10.000 –> 00:37:16.000
On the next one, I suspect that this is from a unit owner, and the person basically.
00:37:16.000 –> 00:37:33.000
Or are there any laws that protect unit owners and the easiest obvious answer is that, yes, there are plenty of laws that protect you.
00:37:33.000 –> 00:37:34.000
Every every one of them, the under wha what the mask?
00:37:34.000 –> 00:37:45.000
Condominium, mac requires on the 1 83 a.
00:37:45.000 –> 00:37:55.000
Our requirements. That must be done. I suspect that the Massachusetts might have less protections than perhaps other States.
00:37:55.000 –> 00:38:00.000
I’m gonna guess that Florida is pretty well well regular.
00:38:00.000 –> 00:38:21.000
The mailboxman, or the speed, Pierre, but I think the real question is, the person is saying, you know, if we so, and we win, are we entitled to legal phase?
00:38:21.000 –> 00:38:50.000
And generally the are is that if you sue, if there’s lawsuit, the both both side parties paid their their own legal fees, unless the statute or a contract specifically says says otherwise, that leads to Adr alternative dispute resolution and it just seems that on some of these
00:38:50.000 –> 00:39:17.000
Issues, and what could be easily avoided, and I would pre submit that more of the disputes probably should go to a operational mediation procedure to see if they can be resolved with without a lawsuit, for the reasons Jake said in terms of the cost of the years that it takes
00:39:17.000 –> 00:39:20.000
For cases to be decided. Jake
00:39:20.000 –> 00:39:25.000
Yeah, and I just wanted to point out, if you’re looking for specific condo statutes, we we do have condo apps on our on our website.
00:39:25.000 –> 00:39:36.000
Under resources for Florida. It’s chapters 7, 18 for Massachusetts, one.
00:39:36.000 –> 00:39:39.000
Great
00:39:39.000 –> 00:39:40.000
Hey!
00:39:40.000 –> 00:39:43.000
What’s up? One. Okay, there you go.
00:39:43.000 –> 00:39:49.000
Alrighty! Next one. This is this one. Steve and I had some fun with.
00:39:49.000 –> 00:39:56.000
We I’ve been talking about because it it brought us both back to law school agency law.
00:39:56.000 –> 00:40:07.000
Is there a difference between a manager contract and an agency contract, for example, can a property manager sign a contract as agent without an actual agency contract?
00:40:07.000 –> 00:40:22.000
This kind of goes back. So the management agreement as the the participant asked will be the key document, and determining the property managers, rights, and allegations.
00:40:22.000 –> 00:40:35.000
Unfortunately, you know, sometimes a property manager will go out with a vendor, enter an agreement, and this is where it gets a little a little bit more.
00:40:35.000 –> 00:40:57.000
You know, interesting. There are different sub areas of agency, law, and authority of an agent and property manager, actual authority expressor implied having this in the agreement that means they’re holding themselves out there as an agent for the property that’s fine we’re good there apparent authority. Is the area. Where it’s a
00:40:57.000 –> 00:41:10.000
Little more murky. And this is yeah. The reason Steve and I, kinda had a nice laugh about this is because it it brings us back to contract law from our first year of law school one was that for you, Steve.
00:41:10.000 –> 00:41:14.000
I I think I was the class the year before. Yes.
00:41:14.000 –> 00:41:24.000
That’s true. I remember you. You are always skipping class, though I never saw you there anyways the key areas to look at an agency law are the degree of control.
00:41:24.000 –> 00:41:44.000
So, they, or control and consent. So those are the 2 areas to look for the degree of control given by the Association to the property manager and the level of consent by association for the property manager to act on the Association’s behalf deal with a third party so this could be this
00:41:44.000 –> 00:41:51.000
Could deal with past dealings. You know the the ordinary course of business, previous transactions.
00:41:51.000 –> 00:41:55.000
Those are the key things you’re gonna wanna look for.
00:41:55.000 –> 00:42:05.000
But generally, yeah, you’re gonna wanna you’re gonna want to delineate the roles and obligations in the management agreement, and that will be the key document.
00:42:05.000 –> 00:42:08.000
Relied upon in this
00:42:08.000 –> 00:42:11.000
Steven anything to add to that? Or next question
00:42:11.000 –> 00:42:20.000
No, no! Next question I, holy have. I’m not sure if it’s Ocd.
00:42:20.000 –> 00:42:27.000
Or Adhd, but I don’t want to take either of those that, as as humorous.
00:42:27.000 –> 00:42:37.000
But yeah, I reached out to the person with this question as well if you’re not in Cambridge to Boston, you probably likely don’t know what either of them is.
00:42:37.000 –> 00:42:54.000
The first one is the Cambridge Ordinance for energy and utility and water useage and reporting requirements by building and repercussions based on those reports.
00:42:54.000 –> 00:43:08.000
The second one is the ordinance for Boston. But the question really goes beyond simply, what do they say he can?
00:43:08.000 –> 00:43:21.000
Google this, or I think Jake uses Chat, Gpt.
00:43:21.000 –> 00:43:26.000
And just as rewards on the paper is written for him.
00:43:26.000 –> 00:43:38.000
But Google does have the the basic information. The problem here is, if you’re in a condominium, any, let’s say it’s separately needed.
00:43:38.000 –> 00:43:40.000
And the unit owner wants to use as much electricity or gas as they want.
00:43:40.000 –> 00:43:55.000
They want to run the tubs daily other than measures, such as checking for toilet sale, leaks of water, or hot water.
00:43:55.000 –> 00:44:05.000
He does make each other replace before they they die out.
00:44:05.000 –> 00:44:19.000
The Unitars control the the units. So I think this group, to their credit, is trying to negotiate or discuss with the City Council of Cambridge.
00:44:19.000 –> 00:44:39.000
How they can make this apply to Condominiums, where it makes sense, because it’s not fair to say if you don’t have control over sometime that you get punished, because if you, the unit owners don’t mind paying a lot for utilities and and water and use excessive
00:44:39.000 –> 00:44:44.000
amounts. They question that I asked, and I haven’t asked Cai.
00:44:44.000 –> 00:44:45.000
But say, I has Massachusetts la normally it’s on state issues.
00:44:45.000 –> 00:44:54.000
Though they have got involved with trash, collection and all that.
00:44:54.000 –> 00:45:03.000
So. The question is, whether they, if the person with the question and his or her board and association want, can the say, I, mass lack team up for assistant anyway?
00:45:03.000 –> 00:45:20.000
And the second question is, there manages or associations that are on this webinar who are in Boston and Cambridge that perhaps could be on a task force?
00:45:20.000 –> 00:45:41.000
Again, if this particular kind of minim association is looking for the strength of having more numbers on people saying that maybe some of these regulations don’t make sense, Jake, we have about 15 min to go.
00:45:41.000 –> 00:45:45.000
You’re up next
00:45:45.000 –> 00:45:49.000
Yeah. Let’s do some. Let’s try and fire through these last few and see if we can get to any tie-ops at the end.
00:45:49.000 –> 00:45:52.000
I know we have some chat questions, and again, we’re gonna try to get to everything today.
00:45:52.000 –> 00:46:01.000
But we do have quite a few questions, in the in the chat feature, so we don’t get you today.
00:46:01.000 –> 00:46:03.000
Nope.
00:46:03.000 –> 00:46:05.000
Hang tight. We’ll get to you in the next week or so.
00:46:05.000 –> 00:46:09.000
It. It would be a miracle if we get past the questions we had submitted.
00:46:09.000 –> 00:46:22.000
Prior to the program. So if you’re patient with us, I promise you will do a thorough job of sending out something next week to attendees with the answers to the Q.
00:46:22.000 –> 00:46:37.000
A and chat questions, I don’t even think with a quickly I can talk that I could answer 22 questions in the time alone.
00:46:37.000 –> 00:46:40.000
But we’ll wait. But but I’m wasting time.
00:46:40.000 –> 00:46:41.000
So Jake, thanks. Question.
00:46:41.000 –> 00:46:47.000
Yeah. And yeah, alright. So next question, our association, eliminated curbside mail delivery.
00:46:47.000 –> 00:46:48.000
But I submitted a hardship request to the Board to receive mail on my door.
00:46:48.000 –> 00:47:13.000
The board, then advised other unit owners of my hardship request is that allowed from the board side, you need to tread with very carefully with this type of information, whether it be Ada reasonable combination service animals even covid confidential privacy information generally boyd should not disclose
00:47:13.000 –> 00:47:30.000
members health conditions. And this unit owner in particular could potentially have a cause of action here, notably boards O fiduciary duties to their members, which bleeds in the confidentiality potential negligence action due to the failure to exercise reasonable
00:47:30.000 –> 00:47:36.000
precautions necessary to ensure confidential information is not disclosed without authorization.
00:47:36.000 –> 00:47:43.000
Now board members have this duty to protect the information you obtain, and your role as a board member.
00:47:43.000 –> 00:47:52.000
So you you want to be extremely careful. I I see there’s a question in the chat about pets
00:47:52.000 –> 00:47:59.000
There? So to answer your question is, the question is about certain breeds you you can.
00:47:59.000 –> 00:48:17.000
You can restrict certain breeds. But again, you just want to be careful with the questions you ask about the the disability or reason for the service animal, and that that may weigh in more than the PET issue, but that that’s another thing we we’ll get to every answer but
00:48:17.000 –> 00:48:20.000
We’ll talk to you directly in the next week and get you good answers.
00:48:20.000 –> 00:48:44.000
But as far as this question, yeah, if a board, if a board is completely disobeying the duty of confidentiality, duty for doing duty, that’s an issue, I you don’t want to disclose members confidential information, I know in florida statute section
00:48:44.000 –> 00:48:47.000
7 18, you know. The we had a records request question earlier.
00:48:47.000 –> 00:49:02.000
If people are submitting records, request, and they’re requesting certain information under the the delineated items that are prohibited from being disclosed to the to the members making.
00:49:02.000 –> 00:49:09.000
The request is medical records or anything about the members. Medical status, etc.
00:49:09.000 –> 00:49:16.000
If it’s a one off of a board member disobeying confidentiality, the boy should consider a formal notice to stop on that board member.
00:49:16.000 –> 00:49:27.000
If it’s the entire board, shorter litigation, we would suggest a demand or a season, assist letter to curtail these breaches, which should be taken very seriously.
00:49:27.000 –> 00:49:36.000
And yeah, let’s get fire through these
00:49:36.000 –> 00:49:37.000
Yeah.
00:49:37.000 –> 00:49:46.000
Hmm, okay, I’m I’m up next. You’re and you could be thinking, Yeah, yeah, the question I had as you’ve been answering is, where the hell did you learn all this stuff?
00:49:46.000 –> 00:49:49.000
You’re doing good on personnel. The question on Solar.
00:49:49.000 –> 00:50:04.000
It’s a question about, yeah, some, emails requesting solar.
00:50:04.000 –> 00:50:26.000
I think it’s probably becoming more and more of a type of request just like the electric vehicle charging stations and then there’s also a question that for some some unit known as to get solar to work they have to remove a bunch of trees, and the board
00:50:26.000 –> 00:50:45.000
Doesn’t like that. A couple of things, and and the regulations have the strange provision about only every every one possible only gets 1 one customer or something like that in the Dpu.
00:50:45.000 –> 00:51:07.000
Regulations. So that’s a challenge. But that can probably be fixed with a dpu exemption and a clarification of the regulations Massachusetts does have a booklet point 3 pages on kind of mediums and solar for the for unit owners.
00:51:07.000 –> 00:51:08.000
So this this pressure, you at the state level on this.
00:51:08.000 –> 00:51:17.000
But I I think there are concerns. If somebody gets on a roof it’s a general common element.
00:51:17.000 –> 00:51:23.000
You don’t just have the right, despite what there’s no law that says that they can’t be private restrictions on solar.
00:51:23.000 –> 00:51:53.000
Well, there’s constitutional large telescopes which says that you cannot have a a a research that relates to basically a taking where one owner gets to have exclusive use of the roof for a solo panel so and there are questions with through
00:51:55.000 –> 00:52:16.000
warranties, and all that, but we should be looking for more ways of making these energy saving things, especially with extraordinarily high utility, costs of May, of figuring out how to make them work.
00:52:16.000 –> 00:52:19.000
I think that one answer, just like the satellite dishes, is chef.
00:52:19.000 –> 00:52:30.000
You put on a central solar system that might be the answer for the community.
00:52:30.000 –> 00:52:41.000
But we should look at various answers, and then see what the technology is coming, because it keeps getting better.
00:52:41.000 –> 00:52:55.000
And I’ve looked at some of these older contracts, and they have some provisions about putting a lean on the property, and there are some things that have to be examined.
00:52:55.000 –> 00:52:58.000
But the goal should be to get this to work. Jake
00:52:58.000 –> 00:53:02.000
Yep. So we got 7 min. Let’s fire through cable services.
00:53:02.000 –> 00:53:07.000
Can an Association Board require each unit owner to pay for a new cable service?
00:53:07.000 –> 00:53:10.000
After getting sufficient votes to sign a 7 year cable contract.
00:53:10.000 –> 00:53:18.000
This is a tough call, and this like. So we spoke with a member of our firm before this.
00:53:18.000 –> 00:53:25.000
On one hand, this likely exceeds the Board power, but we need a more d, and this is kind of the catch.
00:53:25.000 –> 00:53:30.000
All answers. But we need a more detailed review of the governing documents and applicable State laws.
00:53:30.000 –> 00:53:31.000
If the Board got sufficient votes to seek a declaration amendment.
00:53:31.000 –> 00:53:52.000
That’s possible. Governing documents can be amended for smoking and units for banning animals and units so cable may be on that same thrust if it was up to a vote, and the members approved it’s part of living in a shared.
00:53:52.000 –> 00:54:05.000
Association. You may. Your hand may be tied to require each unit owner, but again, we’d need to take a deeper look at the actual governing documents
00:54:05.000 –> 00:54:19.000
It? The on final final question, th, this came in around 90’clock last night, and it’s on temperature regulation and it’s in Massachusetts.
00:54:19.000 –> 00:54:35.000
It’s 10 build lines, but there’s the heating system are central in some ways, but the rightiators, I’m told, a part of the year in the year is control control and responsibility.
00:54:35.000 –> 00:54:45.000
And the issue really is. Does the temperature have to be 64 to 68 degrees during winter?
00:54:45.000 –> 00:54:59.000
Where that comes from, and yes, associations. That responsible message uses for complying with it is to say, why is those label and also has a maximum temperature that units can be?
00:54:59.000 –> 00:55:07.000
Some associations have difficulty, because once a year they change from heating to air, conditioning, and and back, and if you get some hot days or cold days you can end up with your owners complaining.
00:55:07.000 –> 00:55:22.000
But the short answer is, maybe the radiate. Maybe this is the universe problem.
00:55:22.000 –> 00:55:33.000
If the radiator is the responsibility would have to look at the documents, and the year has to think that if it can be fixed at the Association level, that’s not the thing.
00:55:33.000 –> 00:55:43.000
And then the other question is, if the maintaining the minimum temperatures and not exceeding the maximum, then it may be okay, even if they’re complaints.
00:55:43.000 –> 00:55:55.000
But obviously, you always want to look at. How can you make your homeowners the residents more comfortable and their homes the biggest investment is their their lives.
00:55:55.000 –> 00:56:05.000
They should be able to enjoy them. So, Jake, you’re you’re next. So that might have been the last question
00:56:05.000 –> 00:56:06.000
Yeah.
00:56:06.000 –> 00:56:10.000
I think it was the last question, but we can. I mean we have 4 min if we want to.
00:56:10.000 –> 00:56:18.000
Kind of. Do you want any other remarks? Anything you know
00:56:18.000 –> 00:56:21.000
Yeah, well, I have one. I’ve done a lot of webinars.
00:56:21.000 –> 00:56:29.000
And speaking crest country. And yeah, but this was a unique experience.
00:56:29.000 –> 00:56:36.000
And speaking with my son Jake, and working with my son Jake.
00:56:36.000 –> 00:56:37.000
So that’s good. All mushy, but I’ve never done this at another.
00:56:37.000 –> 00:56:46.000
Seminar with Co. Speakers. I don’t think but I have to say there’s Jake, as my Co.
00:56:46.000 –> 00:56:51.000
Panelist that I love you, and he’s doing great. And you’re a nice boss
00:56:51.000 –> 00:56:57.000
Well, we try our best to keep our employees happy here, so I’ll be glad to hear that.
00:56:57.000 –> 00:57:00.000
You bet you’ve been learning a lot. But yeah, no, I I I this was fun.
00:57:00.000 –> 00:57:09.000
We again, as we’ve been echoing the whole time, submit any continu submitting every question you can.
00:57:09.000 –> 00:57:10.000
We have our emails. We have our phone number for the firm.
00:57:10.000 –> 00:57:22.000
Right there, a submit. All the questions you can and we will.
00:57:22.000 –> 00:57:26.000
We’re gonna get to every question in the next week, and
00:57:26.000 –> 00:57:32.000
If if you want to stay on for another 40 h, we should.
00:57:32.000 –> 00:57:33.000
Yeah, we got quite a few
00:57:33.000 –> 00:57:45.000
We could plot through them, but we we we yeah, we have like 37, including what is the capital of North Dakota, I think it might be bism.
00:57:45.000 –> 00:57:46.000
And we got what is the square root of an isolated triangle?
00:57:46.000 –> 00:57:50.000
But I’m not sure. Yeah, that’s what it was.
00:57:50.000 –> 00:57:58.000
And I think they I think the fun. Fact is, the scarecrow of that run that he did not site the theory.
00:57:58.000 –> 00:58:01.000
Yeah, yeah, correctly. But he was the Scarecrow.
00:58:01.000 –> 00:58:02.000
No.
00:58:02.000 –> 00:58:04.000
But but any of that we have.
00:58:04.000 –> 00:58:09.000
Hey? What one more question we got. And this actually came up a couple of times in the chat.
00:58:09.000 –> 00:58:11.000
Oh, who is winning the zoom call
00:58:11.000 –> 00:58:14.000
Absolutely we got. I mean, we did answer it, or I answered it.
00:58:14.000 –> 00:58:18.000
I don’t think you gave a a prediction. I said 31 30 eagles.
00:58:18.000 –> 00:58:23.000
I think it’s gonna be a close one. Eagles pull it off jail and hurts super bowl.
00:58:23.000 –> 00:58:26.000
Going back to Philly. Fly equals 5
00:58:26.000 –> 00:58:43.000
So one friend of mine is president of See you insurance and Pennsylvania, which has a great national program, and she’s a Diehard, at least.
00:58:43.000 –> 00:58:51.000
Fan. So in some ways I want the Phillies to win.
00:58:51.000 –> 00:58:56.000
On the other hand, I really I have friends that can’t city.
00:58:56.000 –> 00:59:17.000
I really like Patrick Mahomes. He’s been impressive for for for years, and the only thing I’m concerned about is if the Kelsey Brothers mom is a devastated with. However, the game turns out. I think she says she was just gonna watch the offense
00:59:17.000 –> 00:59:21.000
How about? How about? Yeah? That’s true. She’s got quite the quite the game on her hands.
00:59:21.000 –> 00:59:22.000
Win win for her. How about
00:59:22.000 –> 00:59:30.000
Well, she she! She’s also the most popular person, and in Phoenix it seems everybody wants tends to be
00:59:30.000 –> 00:59:37.000
Yeah, well, it’s it’s a unique story. I guess it could have happened if the business and cowboys played with the Digs brothers.
00:59:37.000 –> 00:59:41.000
But definitely, I think it’s gotta be the first of its of its kind.
00:59:41.000 –> 00:59:44.000
Well, well, now you’re talking way over my head
00:59:44.000 –> 00:59:45.000
What is your what’s your thoughts on the fan?
00:59:45.000 –> 00:59:50.000
Bases of each, though, have you had run ends with?
00:59:50.000 –> 00:59:52.000
I of them.
00:59:52.000 –> 00:59:56.000
I can’t. I can’t say Oh, alright!
00:59:56.000 –> 01:00:12.000
Actually, we’ve had. What a shock! Where we we had runins with the eagles, fans of the Nfo Hotel bar when Jake was like 15 we’re a NATO’s fan through a little football that takes head, and I have a loss of they but a couple of my friends.
01:00:12.000 –> 01:00:31.000
Product.com and Patrick’s now wife and fiancee, and his brother was sitting in the row in front of us at a patriots game, I guess it’s shapes.
01:00:31.000 –> 01:00:35.000
Few years ago they were standing up I didn’t. We didn’t know who they were.
01:00:35.000 –> 01:00:46.000
They had red coats. They were standing up, they, the people behind us were a little older than they said, Well, please, can you make them stand up? Sit down!
01:00:46.000 –> 01:01:03.000
And this person working for the sports agent, had to come over, and then security put them in the last row, so that they could stand as much as they want.
01:01:03.000 –> 01:01:04.000
Yeah. But yes, thank you.
01:01:04.000 –> 01:01:09.000
But I guess we bring trouble whoever we got. But, Jake, we’re at 110’clock, and I have to go after the lineup for free launch Friday
01:01:09.000 –> 01:01:10.000
Oh, yeah, you got a big day ahead of you. We yeah.
01:01:10.000 –> 01:01:11.000
Yes.
01:01:11.000 –> 01:01:19.000
Free lunch Friday in the office. It’s fun way to to keep keep you guys our employees after 10
01:01:19.000 –> 01:01:23.000
Thank thank you, everybody for attending we we’re not.
01:01:23.000 –> 01:01:24.000
Gonna we, we promise you 11. I can’t believe that we actually got through all those fashions, as Jake said.
01:01:24.000 –> 01:01:43.000
We will try to get through the now 45 questions that that I’m saying.
01:01:43.000 –> 01:01:44.000
And get you something next week, with answers to that.
01:01:44.000 –> 01:01:53.000
But in the meantime you could just gonna get something that I think Zoom sense of thanking you for attending.
01:01:53.000 –> 01:02:02.000
But thank you all, and this is our first shot. So tell us what we’re an awful lot.
01:02:02.000 –> 01:02:03.000
But
01:02:03.000 –> 01:02:08.000
Let us know if it’s terrible. Let us know if we did what you like, what you didn’t like.
01:02:08.000 –> 01:02:09.000
Yeah.
01:02:09.000 –> 01:02:17.000
We appreciate any and all feedback. And again submit any questions to the emails on the screen, reach out to us directly via telephone. We will.
01:02:17.000 –> 01:02:19.000
We’re gonna get to all the questions in the chat.
01:02:19.000 –> 01:02:20.000
But yeah. Stephen mentioned the beginning. He likes giving free legal advice, apparently.
01:02:20.000 –> 01:02:27.000
So he’s he’s the he’s the weak target. If you want
01:02:27.000 –> 01:02:34.000
I’m under the pro bono department. I I do that wherever where wherever I go.
01:02:34.000 –> 01:02:38.000
I I sort of love my job. I love condominiums.
01:02:38.000 –> 01:02:46.000
I have final phone my phone here on national State State level, and I never learned how to golf.
01:02:46.000 –> 01:02:48.000
In any event, hope you had fun. Hope you learned a thing or 2, tell us.
01:02:48.000 –> 01:03:10.000
What we missed, and tell us what we missed, and tell us what we could do better and I’m serious that I think Jake and Robin, who’s also a big sports fan to break things up in a couple of months to do like a sports hour whether
01:03:10.000 –> 01:03:11.000
it’s New England, based or national. Thank you.
01:03:11.000 –> 01:03:21.000
All, and have a great weekend. Jake love.
01:03:21.000 –> 01:03:23.000
You see you in Miami in a few weeks.
01:03:23.000 –> 01:03:25.000
You said that to all your panelists
01:03:25.000 –> 01:03:31.000
No, I did. And I get I get the I I’d hack it out.
01:03:31.000 –> 01:03:32.000
But the you too far away. Okay, when I wanna call on the rap
01:03:32.000 –> 01:03:37.000
Yeah. Virtual. Yeah. Let’s call it a wrap.
01:03:37.000 –> 01:03:38.000
We still have 36 people here, but I I I think they have better things to do.
01:03:38.000 –> 01:03:51.000
Then look at awesome. Listen to us, so we appreciate your attending today, and we will be in touch for those that ask questions and contact us with you.
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