Condo Media - February 2020 - 51

the potential remedies are concrete,
and the outcomes are generally as
expected. For example, as a law student
you will open your Contracts Law
textbook, read a case where two parties
had a contract, then one party breaches
part of that contract, and then the nonbreaching party seeks its remedy.
The applicable law and legal analysis
will be-for the most part-straight
forward. The practice of community
association law, on the other hand,
has presented an array of unexpected
legal issues that arise in complicated
circumstances, and are fueled by
emotions. My inclination prior to
practicing was that the majority of
disputes in a condominium would
relate to matters such as common
assessment payments and property
damage. Disputes of that nature
certainly do arise and are relatively
straight forward when they do.
As any seasoned community
association attorney could tell you,
however, these issues merely scratch
the surface of what the practice of
community association law entails.
DISPUTES SPAN LEGAL FIELDS
For instance, just in my short time
of practice, First Amendment issues
have arisen multiple times as a
result of unit owners hanging certain
objects in their unit windows or on
their front doors. My research on a
particular condominium case revealed
that Rhode Island actually has a
specific statute (RIGL § 37-5.5) that
prohibits associations from restricting
condominium unit owners from
hanging religious items on their front
doors. I accordingly learned that even
First Amendment issues can and do
apply when dealing with the day-to-day
problems inherent in the operation of
a community association. Additionally,
I have also already run into defamation
issues within an association setting.
I have learned that although associations have the right to discuss and
communicate most of the business
affairs of the condominium to the unit
owners, there is a real danger of gossip
and rumors being wrongfully published.
Finally, I never could have predicted
the combination of legal fields that can

be invoked in condominium disputes.
This is also a massive departure from
the neat "boxes" through which the
law is taught in law school where
singular legal concepts are taught one
at a time. The defamation issues as
mentioned above, for example, arose in
the context of an association discussing
the removal of an association member
which then also invoked potential
employment law issues. This is a stark
contrast from the formula through
which we learn in law school and has
forced me to quickly learn to think
outside of the "box."
Law school provided a strong
foundation for the practice of law,
but it has quickly become clear that

a new type of learning and application
of the law has begun. I eagerly look
forward to the challenge and ongoing
education that community association
law provides, based on the diversity
and complexity of the field of practice.
It is time I start thinking outside the
academic "boxes" of law school and
start thinking in terms of "boxes"
whose walls are common elements with
ownership interests divided amongst
dozens of people.
■ MIKE MILAS, ESQ., IS AN
ASSOCIATE WITH THE LAW FIRM
OF GOODMAN, SHAPIRO AND
LOMBARDI, LLC.

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John Piazza · 978-661-6654 · john.piazza@hubinternational.com
Advocacy. Tailored Insurance Solutions. Peace of Mind.
February 2020 CONDOMEDIA

51
Condo Media - February 2020

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