Condo Media - August 2021 - 29

CAI LEGISLATIVE ACTION COMMITTEES
(LACS) work to affect change and monitor
state as well as federal legislation that will
impact communities around New England.
Delegates serving on LACs in the CAI-NE
chapter member states of Maine, Massachusetts,
New Hampshire, and Rhode Island have
seen active legislative sessions that include
several bills of interest to community associations.
In addition, CAI federal advocacy has
focused the attention of Capitol Hill lawmakers
on a number of bills that could bring
welcome federal relief and aid to communities.
For more information about CAI advocacy
efforts, visit www.caionline.org.
( M E L A C)
Maine Legislative
Action Committee
EARLIER THIS YEAR, MELAC delegates testifi ed
in favor of LD 683, an Act to allow Maine nonprofi
t corporations to hold meetings electronically.
While it is anticipated that the bill will eventually
pass, at the time of this writing, the bill's status is
still pending. The MELAC will closely monitor
the bill's progress in the coming weeks.
At the May meeting of the MELAC, delegates
agreed to propose a bill clarifying the defi nition
of " use " in 33 MRS Sec. 1602-117. The proposal
would also lower the threshold for increasing
the number of units, changing unit boundaries,
altering allocate d interests, etc., from unanimous
to 80 percent or 90 percent. The current
language 1602-117 reads:
(d) Except to the extent expressly permitted
or required by other provisions of this Act, no
amendment may create or increase special
declarant rights, increase the number of units,
change the boundaries of any unit, the allocated
interests of a unit, or the uses to which any unit is
restricted, in the absence of unanimous consent
of the unit owners. [PL 1981, c. 699 (NEW)].
The MELAC will continue to monitor
these bills and other developments in this
legislative season.
■ CHARLES M. KATZ-LEAVY, ESQ., CHAIR
MAINE LEGISLATIVE ACTION COMMITTEE
(MELAC)
( MA L A C)
Massachusetts Legislative
Action Committee
THE 2021/2022 Massachusetts legislative session commence d
on January 6, 2021, and per usual, other than the fi ling of over
7,000 bills, very little legislative activity has occurred on any of
those bills as of the time of this update written in June.
Of the approximately 7,000 bills fi led for the 2021/2022 session,
MALAC is tracking over 40 bills, which would directly or indirectly
impact condominium associations if passe d. As only one or two of
these bills has even had a hearing as of the writing of this update,
it is far too early in this two-year legislative cycle to predict the
likelihood that any of the bills will become law.
One bill the MALAC is particularly interested in this session is
H. 1416, an Act relative to electronic meetings and voting in condominiums.
The idea for this proposal arose from the struggles
many Massachusetts condominiums faced during the past year
with respect to holding unit owner meetings and elections due to
COVID-19. Many condominium documents specify that unit owner
meetings and voting must be in person at a meeting; obviously,
this was not possible for over a year. As a result, the MALAC drafted
legislation that will enable condominiums to hold unit owner meetings
via remote electronic means, as well as to permit owners to vote
remotely and electronically. The MALAC hopes the legislators see
the need to pass this legislation, which will enable more unit owners
to participate in the governance of condominiums.
Other measures the MALAC will be following during this session
are a bill pertaining to a " right to dry " and a bill prohibiting the
misrepresentation of service animals. While both bills were fi led
in the 2019/2020 session and failed to pass, perhaps their fate will
be different this time around.
In addition, the MALAC will be closely watching H. 3425, an Act
relative to electric vehicle charging stations. This bill, as currently
drafted, states that a condominium association may not prohibit or
unreasonably restrict an owner from installing an electric vehicle
charging station in areas to which an owner has exclusive use or on
the common areas, so long as the station is within a reasonable distance
of the owner's dedicated parking space. Similar legislation has
been in place in the city of Boston for a few years, and this bill would
apply the requirement statewide.
It is anticipated the activity at the Massachusetts State House will
pick up in the coming months, and we will update you on any major
changes legislatively in Massachusetts as they occur.
■ MATTHEW W. GAINES, ESQ., CO-CHAIR
MASSACHUSETTS LEGISLATIVE ACTION COMMITTEE
(MALAC)
August 2021 CONDOMEDIA 29
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Condo Media - August 2021

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