Condo Media - August 2009 - (Page 14)

MAINE News Regional Legislative Update Maine Legislature Votes No on Priority Lien ollowing a public hearing and two working sessions of the Joint Standing Committee on Judiciary, the Maine House of Representatives, by a vote of 112 to 30 on June 1, approved an amendment to the original priority lien bill (LD961). While the original bill would have amended the Maine Condominium Act to allow condominium associations to have a six-month common charge priority over the pre-existing first mortgages on units, the approved amendment instead “authorizes a condominium association to require the payment into escrow of assessments to CAI F a total of 6 [six] months’ worth of assessments for each unit. Interest must be paid on the amounts escrowed. The association shall return the assessment payments made, together with interest earned, to the unit owner when the owner sells the unit and has fully paid all the assessments due. The association may use the balance in the account to offset any assessments remaining unpaid.” On June 2, the Senate also adopted the escrow amendment. Maine Legislative Action Committee (MELAC) members expressed concerns with legislators that this amendment is duplicative, impractical and wouldn’t likely be used by Maine condominium associations. MELAC recognizes bill sponsor Rep. Cynthia A. Dill (D-Cape Elizabeth) and Joint Standing Committee on Judiciary members Sen. Barry J. Hobbins (DYork), Rep. Mark E. Bryant (DWindham), Rep. Sara R. Stevens (D-Bangor) and Rep. Wayne T. Mitchell (Penobscot Nation) who voted in favor of a limited priority over the pre-existing first mortgages. Solar Rights Dubbed the “right to dry” bill, the Committee on Utilities and Energy, urged by MELAC and Rep. Sean Flaherty (D-Scarborough) amended LD73 to exclude common elements of condominiums. The amended bill, as approved by the house and senate, specifies that “a legal instrument adopted or created after Sept. 30, 2009 that defines or limits the rights or privileges of owners or renters with respect to the use of residential property may not prohibit a person from installing or using a solar energy device on residential property owned by that person or from installing or using a solar clothes-drying device on residential property leased or rented by that person.” However, a legal instrument may prohibit the installation and use of solar energy devices on residential property in common ownership with third parties or common elements of a condominium. Associations and managers are encouraged to contact their legal council with questions and for any clarification of these new laws and how they affect your condominium association. CM Ask the professional BERNIE GITLIN Over 30 years experience insuring your needs 781-449-4440 FAX 781-449-9616 175 Highland Ave. Needham, MA 02494 14 CONDO MEDIA • AUGUST 2009

Table of Contents for the Digital Edition of Condo Media - August 2009

Condo Media - August 2009
From the CED’s Desk
Editorial Board
CAI New England Chapter Partners
CAI News
CAI Regional News
Asked & Answered
Homeowner’s Corner
Cover Story: Call to Order
Vendor Spotlight
Classified Service Directory
Advertisers Index

Condo Media - August 2009