Condo Media - February 2013 - 15

by Mark Einhorn, Esq.

MASSACHUSETTS

C A I

Avoid Common Pitfalls Facing Small Associations

tend to operate informally, rather
than following the provisions contained in the condominium’s documents. Regular meetings and
reporting often do not occur and
meeting minutes are replaced by each
member’s “recollection” of the prior
years’ discussions. Decisions are generally made by a show of hands or a

consensus tally of replies to a string of
emails. Undoubtedly, when it comes
to planned expenditures, there is
always at least one owner who somehow does not remember ever discussing spending $3,000 to reseal the
driveway. And while designating one
person to care for the bank accounts,
handle the insurance policy, trash
contract, oil delivery schedule and
negotiations with vendors may sound
efficient, what happens when that
individual sells or gets an unexpected
divorce or falls into their own financial hardship? Will you know where
the records are, or how to change the
signatory on the bank accounts to
pay bills, or even make sure there is
oil for the boiler?
It may seem stodgy, boring, even
excessive to break out the association’s condominium documents and

force a group of three to follow provisions written 20 years ago. But, by
taking basic steps such as short meeting minutes and formal discussion
and votes to decide matters, many
stressful situations and arguments can
be avoided. Likewise, reviewing the
document provisions to identify areas
which may be outdated or ill-suited
for small associations and amending
the language can prove crucial in
resolving many of the issues that can
often feel insurmountable.
Living in a small association can be
very rewarding, and relationships with
fellow owners can often seem akin to
extended family. But as with any family, relationships have to be managed,
and clear boundaries are essential. The
best time to discuss matters —
whether financial or personal — is
always before there is conflict and
when everyone is on an even playing
field. Do not wait until the heat is off
and the pipes are freezing to find and
review the terms of the oil contract.
You don’t have to become a condominium document militant — but
some emergency drilling exercises
might be in order. Make this year’s
resolution count by steering your association in the right direction without
ruffling too many feathers. After all,
owners living in small associations do
not have the luxury of building good
fences to make good neighbors. CM
Mark Einhorn, Esq. is a partner with
the law firm of Marcus, Errico, Emmer
& Brooks, P.C. in Braintree, Mass. He
co-chairs the CAI-NE attorney’s committee and is a member of the R.I.
Legislative Action Committee
(RILAC) and the chapter’s conference
and expo committee.

CONDO MEDIA • FEBRUARY 2013

N e w s

f you live in a small condominium, it may be difficult, uncomfortable or seem un-neighborly to
raise certain issues regarding the
management of the association. But
knowing the provisions contained in
the association’s condominium documents and bringing some formality to
decision-making can be crucial to
avoiding common pitfalls facing small
associations.
When things are going well, as in
any partnership, most problems in
small associations can be easily overcome. But living in a small association
can be tricky at times, especially when
things are not going so well. Small
associations generally do not have the
benefit of a professional manager and
often operate with a small budget and
little reserves. Likewise, in many cases
the condominium documents may be
poorly drafted and not adequately tailored for a small community. For
instance, it is common for condominium documents in small condominiums to designate each owner as a
board member, and require unanimous consent of all of the board
members in order to take action on
behalf of the association. At first
glance, that may sound reasonable.
But how can the association act to
collect delinquent condominium fees
under Section 6 of Massachusetts
General Laws Chapter 183A (the
Massachusetts Condominium Statute)
when the delinquent owner can veto
such action? Only the association
itself is entitled to reimbursement of
the costs of collection afforded under
the statute.
Likewise, even when the condominium documents do provide adequate
provisions, many small associations

R e g i o n a l

Knowledge is Power

Condo Media - February 2013

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