Condo Media - August 2009 - (Page 20)

ASKED & ANSWERED Early Departure How Much Notice Is Required for Property Managers? Q A QUESTION: I am on the board of a Massachusetts condominium, and we need to know how many weeks’ notice can we require of a property manager who is resigning to move to another state? What sanctions, if any, can the board impose if the manager leaves early, without providing sufficient notice? I’d appreciate any general information you can provide about common practice in this area. ANSWER: The notice requirements, if any, will be dictated by the terms of the management contract. Consistent with the Massachusetts condominium statute, most contracts here allow associations to terminate a manager with 90 days’ notice, explains Ellen Shapiro, a partner in the Massachusetts law firm Goodman, Shapiro & Lombardi LLC. The contracts don’t typically specify notice requirements for the manager, Shapiro notes, but “slavery was abolished a long time ago. I don’t think a community can compel a manager who wants to leave to continue working.” A community that terminates a manager’s contract must continue paying the manager during the notice period, Shapiro says, and the same principle should apply in reverse. “I think fairness would say, if the manager walks off without giving any notice, he or she is not entitled to be paid.” But, if your manager gives notice, you should pay him or her for that period. As for possible sanctions, Shapiro finds that idea objectionable. “There are many reasons the manager might be leaving,” she notes, such as health problems (the manager’s or a family member’s), a spouse relocating or another job opportunity. “I can’t imagine any circumstances where a community would consider punishing a manager for leaving early,” Shapiro says. CM Business Banking You see new ideas for your association. We see new ideas for your financing. Serving on a condominium association board is not necessarily a full time job. So it’s nice to know that you can turn to NewAlliance Bank for the expertise and experience you need to find the best financing option for your project. We offer: Years of experience working with management companies and association boards Flexible programs to meet virtually any need Call Dan Rys toll-free at 866-288-7119 or e-mail him at Dan Rys Vice President Business Banking Member FDIC Equal Housing Lender Business Banking 20 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