Condo Media - April 2017 - 25

Airbnb is currently valued at $30
billion, thus the message for associations is that STRs are probably here
to stay. How to address the issue will
ultimately need to be decided by the
individual communities as it suits the
needs of the owners.
PRACTICAL INTELLECTUAL
PROPERTY ISSUES
How many communities have ever
hosted a dance or movie night in their
clubhouse or a pool party with music
or a DJ? If you have engaged in any
of these association functions, did
you ever think this activity may be
infringing upon one or more copyright
protected rights for which the association could be penalized hundreds, or
possibly thousands, of dollars? The
intersection of intellectual property
laws and community association
practice is an area of concern that is
often overlooked. In New England, associations tend not to have the size or
scale of common areas that are found
in other areas of the country where
associations are often much larger-
hundreds, or thousands of units. Our
colleagues from Florida speak of the
common function halls and amphitheaters some of their communities
boast. Facilities of that nature are a
rarity here in the Northeast, and in our
practices, copyright issues have not
been a major concern for most clients.
Nevertheless, associations and their
advisors should be aware that unlicensed displays or performances of
copyright protected works (including
music, movies, photographs, artwork,
books, etc.) may be in violation of the
federal Copyright Act. Infringement
is a strict liability tort-no intent or
even knowledge is required to prove
liability-and this makes it a dangerous trap for the innocent but unwary.
We suggest that any communities who
regularly host or authorize events at
which music, movies, or other such
protected media are involved should
familiarize themselves with licensing
requirements or contact their legal
counsel to understand the risks.

As if violating laws concerning use of music,
social media platforms, and marijuana isn't
enough for boards to worry about, they must
also consider the short-term rental phenomenon.

HEY DUDE, DON'T
BOGART MY DOOBIE
We didn't make that one up-that was
the actual title of a presentation on the
practice of restricting marijuana in
community associations. The expansion
of new, relaxed state laws governing the
use of both medical and recreational
marijuana has been a growing concern
for a few years now. Locally, we expect
marijuana restrictions will be a hot topic
(no pun intended) for months if not
years to come as the Commonwealth
rolls out (that pun we meant) its regulations regarding recreational marijuana
use and dispensaries begin to ply their
trades. In the meantime, community
associations would be well advised to
revisit their documents to determine
what, if any, changes may be appropriate to limit or control marijuana use
at their properties. In Massachusetts,
where growing marijuana for individual
consumption was recently legalized,
communities may also want to consider
adopting prohibitions against cultivating
crops in units. Units in close proximity
to each other are generally not made to

be greenhouses, and beyond the odors
associated with growing marijuana
plants, we believe that issues related to
mold, climate control, and water use and
ﬂow could create serious problems for
associations charged with protecting
common areas and structures.
In closing, this year's CAI Law Seminar was yet again an educational experience, and we look forward to attending
next year's seminar.
■ SCOTT ERIKSEN,
ESQ., IS A PARTNER
AT THE LAW FIRM OF
PERKINS & ANCTIL,
P.C. AND CO-CHAIR
OF CAI-NE'S ATTORNEY'S COMMITTEE.
ELLEN SHAPIRO,
ESQ., IS A PRINCIPAL
AND CO-FOUNDER OF
GOODMAN, SHAPIRO
& LOMBARDI, LLC AND
A MEMBER OF THE
ATTORNEY'S
COMMITTEE.

April 2017

Condo Media - April 2017

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