Condo Media - March 2018 - 51

In addition to protecting the affected
tenants, the ordinance was designed
to ensure a diversified housing stock.
Landlords were required to give tenants notice of 120 days to one year
of the conversion of a rental unit to
a condo. This notice period was dependent on how long the tenant lived in
the unit. In addition, the tenant was
to be compensated in part for relocation costs. The city also received a
condo conversion fee of $150 per unit
converted.
This ordinance applied only to existing buildings being converted to a new
residential use. It did not apply to an
apartment building being demolished
and replaced with a new condominium
building and is the loophole being
exploited by developers. This issue
came to the public's attention over the
last two years since the city relaxed
the required parking and other building zoning regulations on Munjoy Hill
(Zone R-1). These new zoning rules
allowed current lots with single-family
or small multi-family structures to be
razed to permit the construction of
much larger condominium buildings.
As a result, more than 20 small buildings were demolished, and new, larger
buildings suddenly sprung up that
many considered out of character with
the neighborhood's scale and historical architecture. These taller buildings
also blocked the beautiful sight lines
of Casco Bay and the distant mountains which are considered by many as
a public amenity.
PROTECTING ALL PARTIES
The rationale for the moratorium is to
provide some breathing room for city
officials and code enforcement departments to form new design standards
and regulations to continue to protect
working families. It is also clearly
recognized that protection is needed
for property owners who could experience serious financial burdens with
an extended moratorium. Projects
currently underway will not be halted.
The moratorium only applies to demolition projects affecting more than half
the building or the front façade.
Providing fairness to all parties
when economic development and

The rationale for the moratorium is to provide some
breathing room for city officials and code enforcement
departments to form new design standards and
regulations to continue to protect working families.
It is also clearly recognized that protection is needed
for property owners who could experience serious
financial burdens with an extended moratorium.
public policy is being created is always
difficult. Many consider converting
from a residential rental apartment to
a condominium as a change of use and
should meet similar rules governed by
the 2010 Housing Preservation and
Replacement Ordinance in which a
developer incurs a fee of $65,000 per
apartment unit converted to non-residential use. These funds are then put
in trust for low-income housing development. Other interested groups, such
as the Greater Portland Landmarks,

wish to see this moratorium period
used for creating a new conservation
district on Munjoy Hill for historic
preservation reasons.
Whatever comes from this policy
debate, one thing is assured: change is
always hard and rarely fair to all.
n JACK CARR, P.E., RS, LEED-AP,
IS SENIOR VICE PRESIDENT WITH
CRITERIUM-ENGINEERS SERVING
ALL OF NEW ENGLAND.

Representing Condominium Associations, Homeowner
Associations and Management Companies throughout
New Hampshire and Northern Massachusetts.
Providing representation in all areas of condominium
law from drafting and execution of condominium
instruments, amendments, collection of assessments to
litigation from trial through appeal.
For specific questions and to find out how we can
service your particular needs, please contact our office
and speak with one of our attorneys.

(603) 627-5997

45 Bay Street
Manchester, NH 03104

(603) 742-1052
3 Webb Place
Dover, NH 03820

(800) 828-3200

565 Turnpike Street
North Andover, MA 01845

www.fenigeranduliasz.com
Serving clients in all of NH and northern MA
March 2018

51
Condo Media - March 2018

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