Condo Media - January 2017 - 51

Condominium boards should seek the professional advice of
a property management firm regarding what communication
systems work best for their communities.
scope of work based on the contractor's
careful inspection of the work area; (3)
deadline for completion of the work with a
penalty clause for late work; (4) valid proof
of insurance provided by the contractor
for the work, including the costs to remedy
deficient work; and (5) a through warranty
for the work for at least one year. Going
through this process with a contractor before the work begins helps set expectations
and puts everyone on the same page.
Moreover, if your contractor does not
want to agree to these terms pursuant
to a written contract before the work
begins, then I would recommend looking
elsewhere because the contractor will not
likely stick to these terms when it does
the work. In the event that a contractor
breaches the written contract, then the
condominium board will have significant
protection under the law because of the
provisions of the written contract. This
will improve the chances of quick and fair
settlement of any dispute that arises, as
opposed to a lengthy and costly lawsuit
premised on an ambiguous contract.

2 

Keeping Unit Owners Informed
About Ongoing Litigation: From
time to time, condominium boards are
engaged in litigation concerning some
aspect of the common areas. These
lawsuits can affect unit owners' ability to
refinance and sell their units. Moreover,
condominium boards may be financing
the litigation through periodic special
assessments. During the course of such
litigation, condominium boards will need
the support of the unit owners, particularly if the litigation is lengthy and costly. As
such, it takes very little for condominium
boards to proactively keep unit owners
informed and up to date on the progress
of ongoing litigation.
Much of what happens in an ongoing
lawsuit is privileged, e.g., communica-

tions and work product shared between
a condominium board and its attorneys.
But that does not mean that a condominium board cannot give the unit owners an overview of the claims in the case,
tell unit owners what stage the case is at,
and tell unit owners how long the board
thinks the case will last. I have found that
unit owners appreciate these updates,
which can only help condominium boards
achieve their objectives in litigation.
Condominium boards, however, should
always check with their attorney before
providing information about an ongoing
lawsuit to unit owners as the attorney will
be able to help sort out what is privileged
and what can be shared.

3 

Keeping Unit Owners Informed
About Board Business and Access
to Records: I have also litigated a fair
number of disputes that have arisen, at
least in part, from a unit owner claiming that a condominium board was not
transparent about its actions or access to
records. On the other hand, I have worked
with many harmonious condominium
communities, and I have found that
one of the biggest factors leading to that
harmony is transparent and prompt communications by condominium boards to
unit owners about board business and
access to records.
Some simple, cost-effective ways in
which condominium boards can keep
unit owners informed include: (1) keeping
an up-to-date copy set of board meeting
minutes that is readily available to unit
owners, e.g., on a protected internet site
portal, posted in a common area lobby,
or by putting copies under units owners'
doors; (2) consider having condominium
board meetings be open to unit owners,
and allow for a 20- to 30-minute period at
the beginning or end where unit owners
can ask questions and raise issues; (3)

setting up a system whereby unit owners
can communicate with and get their
questions answered by the condominium
board and/or its property manager in
the regular course of business, e.g., via an
email account dedicated solely for this
purpose, with the understanding that
the condominium board should respond
within 24 hours acknowledging receipt
of the question, and thereafter respond
substantively in a reasonable period of
time; and (4) communicating to unit
owners regarding how they can obtain
copies of financial and other documents
maintained by the board that unit owners
are entitled to under M.G.L. c. 183A.
Regarding meeting minutes, we would
advise that condominium boards engage
legal counsel to review draft minutes
before they are distributed to unit
owners to make sure that the minutes
properly address condominium board
business and do not disclose any privileged attorney-client communications
or protected work product.
Finally, condominium boards should
seek the professional advice of a property
management firm regarding what communication systems work best for their
communities. Property managers have a
wealth of knowledge in this area, and condominium boards would be well-served
to tap into this knowledge.
Proactive and prompt communication
concerning the above topics can save
condominium boards time and money.
Condominium boards would be welladvised to devote time to set up these
communication systems. It may take a
little time and money to do so, but the
investment is well worth it.
	 DAVID C. UITTI, ESQ. IS A
PARTNER WITH MARCUS, ERRICO,
EMMER & BROOKS, P.C.

January 2017

51



Condo Media - January 2017

Table of Contents for the Digital Edition of Condo Media - January 2017

Table of Contents
Condo Media - January 2017 - Intro
Condo Media - January 2017 - BB3
Condo Media - January 2017 - BB4
Condo Media - January 2017 - Cover1
Condo Media - January 2017 - Cover2
Condo Media - January 2017 - Table of Contents
Condo Media - January 2017 - 2
Condo Media - January 2017 - 3
Condo Media - January 2017 - 4
Condo Media - January 2017 - 5
Condo Media - January 2017 - 6
Condo Media - January 2017 - 7
Condo Media - January 2017 - 8
Condo Media - January 2017 - 9
Condo Media - January 2017 - 10
Condo Media - January 2017 - 11
Condo Media - January 2017 - 12
Condo Media - January 2017 - 13
Condo Media - January 2017 - 14
Condo Media - January 2017 - 15
Condo Media - January 2017 - 16
Condo Media - January 2017 - 17
Condo Media - January 2017 - 18
Condo Media - January 2017 - 19
Condo Media - January 2017 - 20
Condo Media - January 2017 - 21
Condo Media - January 2017 - 22
Condo Media - January 2017 - 23
Condo Media - January 2017 - 24
Condo Media - January 2017 - 25
Condo Media - January 2017 - 26
Condo Media - January 2017 - 27
Condo Media - January 2017 - 28
Condo Media - January 2017 - 29
Condo Media - January 2017 - 30
Condo Media - January 2017 - 31
Condo Media - January 2017 - 32
Condo Media - January 2017 - 33
Condo Media - January 2017 - 34
Condo Media - January 2017 - 35
Condo Media - January 2017 - 36
Condo Media - January 2017 - 37
Condo Media - January 2017 - 38
Condo Media - January 2017 - 39
Condo Media - January 2017 - 40
Condo Media - January 2017 - 41
Condo Media - January 2017 - 42
Condo Media - January 2017 - 43
Condo Media - January 2017 - 44
Condo Media - January 2017 - 45
Condo Media - January 2017 - 46
Condo Media - January 2017 - 47
Condo Media - January 2017 - 48
Condo Media - January 2017 - 49
Condo Media - January 2017 - 50
Condo Media - January 2017 - 51
Condo Media - January 2017 - 52
Condo Media - January 2017 - 53
Condo Media - January 2017 - 54
Condo Media - January 2017 - 55
Condo Media - January 2017 - 56
Condo Media - January 2017 - 57
Condo Media - January 2017 - 58
Condo Media - January 2017 - 59
Condo Media - January 2017 - 60
Condo Media - January 2017 - 61
Condo Media - January 2017 - 62
Condo Media - January 2017 - 63
Condo Media - January 2017 - 64
Condo Media - January 2017 - Cover3
Condo Media - January 2017 - Cover4
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