Condo Media - May 2019 - 72

Ask a Busy Person
Did you always want to be a lawyer?
No. I majored in international relations
in college, thinking it would lead to a
career in the State Department. I loved
to travel and had envisioned a job that
would take me overseas.

Membership in the association is a great
way to learn about industry issues and it
creates great marketing opportunities.

Why did you decide to go to law
school? My father, grandfather and
cousins were all attorneys and my family
strongly encouraged me to follow that
path. I went to law school thinking it
would help me pursue my interest in
government and foreign affairs.
Was real estate law a particular
interest? I was actually interested in
business and real estate law. I had gotten
experience in both in law school, working
at a clinic providing transactional legal
services to minority- and women-owned
businesses in low-income communities. When I graduated from law
school, a large firm in Portland (Maine) offered me
a job, and I had to decide
whether to join the business or real estate group.
I chose real estate, because I loved its tangible
nature-you can see and feel and touch
property. I also liked the attorneys in that
group, one of whom became my mentor.
What do you like most about condominium law? It combines commercial law with the personal aspects
of residential real estate. Commercial
real estate can be repetitive-after a few
years, much of it is predictable. In condominium law, you're always dealing with
curveballs. I never know what to expect
when an association client calls, and that
keeps it interesting.
What have you found most difficult or
most challenging about your work?
Client expectations today can be fairly
aggressive. "I sent you that document
three hours ago, have you reviewed it
yet?" Dealing with owners who won't
behave rationally can also be frustrating.
I have to tell the board, "We've taken all

CONDOMEDIA May 2019

CHARLES KATZ-LEAVY
ATTORNEY,
JENSEN BAIRD GARDNER & HENRY
of these steps and the owner still
won't comply, so here are
the unappealing and
increasingly expensive
options you have for
dealing with the problem." That's frustrating
for the board and for me.
Is there a case you've handled or a
situation you've managed of which
you are particularly proud? It is
always satisfying to help a community
rewrite outdated covenants and rules to
create documents that are much more
useful and improve the governance of the
community. I also enjoy working on the
developer side, drafting documents for a
new condominium, thinking about what
is in the best interests of the developer
and of the people who are going to live
in the community.
How and why did you get involved
with CAI-NE? Larry Clough, the
partner who was retiring when I joined
the firm, suggested it. He said CAINew England was the preeminent
organization for condominiums and I
quickly realized that was true. As I began
speaking at workshops and getting to
know other members, I saw the benefits.

Why did you decide to chair the
Maine Legislative Action Committee?
Bruce McGlauflin (a partner in Petruccelli, Martin & Haddow, LLP, who was
chair for many years), wanted to step
down and I volunteered to take the post.
I was happy to do it. I find the legislative
process interesting and I like becoming
more deeply involved in CAI. Also, what
we do on the LAC can have broad implications. If we improve a piece of legislation, that will help every condominium
association in the state.
What would it surprise people to
know about you? That I'd like to
be a basketball coach.
That's what I'd do if I
weren't practicing
law. I played in high
school, and I still play
some today. I love
coaching because it
gives me the chance
to work with
young people.
What's the best advice you ever got
and from whom? Two things come to
mind: "Find a job you enjoy doing, and
you'll never have to work a day in your
life," and "When giving advice, evaluating a problem, or sending an invoice, try
putting yourself in your client's shoes."
If you could give condo boards one
piece of legal advice, what would it
be? Try to accommodate the needs of
owners but understand that your duty is
to the broader association. Some board
members worry about being perfect all
the time, but under Maine condominium
law, the business judgment rule doesn't
require them to be perfect, it just requires them to consider all the facts and
circumstances and make a reasonable
decision. Boards have broad discretion.
As long as they act reasonably, the courts
will usually defer to them.

Condo Media - May 2019

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