Legal Resources: Questions & Answers

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

How is a condominium organized by a developer?

The person creating the condominium is known as the “declarant,” but is more commonly referred to as the “developer.” The developer can record a Master Deed before, during, or after the actual construction of the building, and the developer does not actually convey any property through the recording. Typically, the by-laws of the Declaration of Trust authorize the developer to appoint the initial trustees, allowing the developer to control the operation and management of the condominium during the developmental phases. These

Read More »

How does Massachusetts govern the transition from developer control to unit owner control?

Answer: Unlike many other states, Massachusetts does not regulate the timing of the transition from developer to unit owner control. Usually, however, the by-laws will provide for a “triggering event” that sets the time limit on the transition of control to a unit owner-controlled association. Quite often, the triggering event will be some combination of the amount of units sold and a specified period of time. Because Massachusetts does not set a specific limitation on the nature of a triggering, or

Read More »

What documents does the unit owner-controlled association need to obtain during the transition?

Answer: By no means an exhaustive list, here are some particularly important documents: Operational Books and Records Declaration of Trust and Master Deed Bylaws and Rules and Regulations Accounting of association funds and financial statements Audits performed during the developer control period Documents relating to any past or pending claims Past and present budget information Current statement of account balances and invoices from developer control Association bank accounts, checking accounts, certificates of deposit, etc. All association insurance policies Complete roster of

Read More »

Should the new unit owner-controlled association review the developer’s control?

Answer: Absolutely. First, it is crucially important for trustees of the new association, as well as all the owners, to determine whether all income and expenses were properly accounted for while the developer was in control. To this end it is recommended that an association hire an accounting professional to audit the financials during the developer’s control. A certified public accountant or building engineer can also perform a reserve study, which helps the association understand how much money should be allocated

Read More »

Should our new condo association hire a property manager and/or attorney?

Answer: A good management company can aid the association by recommending vendors, helping plan the annual budget, attracting and interacting with new owners, and handling numerous day-to-day tasks. The following represents some of these tasks, which, if not delegated to a property manager, the association will have to tackle: Maintain security of the condominium Collect monthly fees and maintain records Prepare and maintain all association correspondence, minutes, and records Enforce rules and regulations as direct by the association Manage any rentals

Read More »

Security Cameras vs. Right of Privacy

I own a unit and live in a medium sized condominium in the Boston area.  Recently, a few strangers have been found lurking the hallways of the building.  One of my neighbors who lives across the hall from me is very nervous about the possibility of a break-in and wants to install a security camera inside his unit, facing the hall.  The camera would capture the space between my door and the elevator down the hall, and it would be impossible

Read More »

How can our condo association get a neighbor to pay her condo fees?

Additional Information:  I live in a 5 unit condominium building in Boston, MA.  The owner of the unit next to mine stopped paying her condominium fees months ago. The condominium association asked her several times to pay the fees, and she said she would pay, but she has yet to do so.  For the past several weeks, I have not seen her in the building, she no longer picks up her mail from her mailbox and the utility company placed a

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

How is a condominium organized by a developer?

The person creating the condominium is known as the “declarant,” but is more commonly referred to as the “developer.” The developer can record a Master Deed before, during, or after the actual construction of the building, and the developer does not actually convey any property through the recording. Typically, the by-laws of the Declaration of Trust authorize the developer to appoint the initial trustees, allowing the developer to control the operation and management of the condominium during the developmental phases. These

Read More »

How does Massachusetts govern the transition from developer control to unit owner control?

Answer: Unlike many other states, Massachusetts does not regulate the timing of the transition from developer to unit owner control. Usually, however, the by-laws will provide for a “triggering event” that sets the time limit on the transition of control to a unit owner-controlled association. Quite often, the triggering event will be some combination of the amount of units sold and a specified period of time. Because Massachusetts does not set a specific limitation on the nature of a triggering, or

Read More »

What documents does the unit owner-controlled association need to obtain during the transition?

Answer: By no means an exhaustive list, here are some particularly important documents: Operational Books and Records Declaration of Trust and Master Deed Bylaws and Rules and Regulations Accounting of association funds and financial statements Audits performed during the developer control period Documents relating to any past or pending claims Past and present budget information Current statement of account balances and invoices from developer control Association bank accounts, checking accounts, certificates of deposit, etc. All association insurance policies Complete roster of

Read More »

Should the new unit owner-controlled association review the developer’s control?

Answer: Absolutely. First, it is crucially important for trustees of the new association, as well as all the owners, to determine whether all income and expenses were properly accounted for while the developer was in control. To this end it is recommended that an association hire an accounting professional to audit the financials during the developer’s control. A certified public accountant or building engineer can also perform a reserve study, which helps the association understand how much money should be allocated

Read More »

Should our new condo association hire a property manager and/or attorney?

Answer: A good management company can aid the association by recommending vendors, helping plan the annual budget, attracting and interacting with new owners, and handling numerous day-to-day tasks. The following represents some of these tasks, which, if not delegated to a property manager, the association will have to tackle: Maintain security of the condominium Collect monthly fees and maintain records Prepare and maintain all association correspondence, minutes, and records Enforce rules and regulations as direct by the association Manage any rentals

Read More »

Security Cameras vs. Right of Privacy

I own a unit and live in a medium sized condominium in the Boston area.  Recently, a few strangers have been found lurking the hallways of the building.  One of my neighbors who lives across the hall from me is very nervous about the possibility of a break-in and wants to install a security camera inside his unit, facing the hall.  The camera would capture the space between my door and the elevator down the hall, and it would be impossible

Read More »

How can our condo association get a neighbor to pay her condo fees?

Additional Information:  I live in a 5 unit condominium building in Boston, MA.  The owner of the unit next to mine stopped paying her condominium fees months ago. The condominium association asked her several times to pay the fees, and she said she would pay, but she has yet to do so.  For the past several weeks, I have not seen her in the building, she no longer picks up her mail from her mailbox and the utility company placed a

Read More »
Top

Join Our Newsletter