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BUYER BEWARE: SUPREME JUDICIAL COURT HOLDS THAT PROVISIONS OF CONDOMINIUM ACT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES |
The Massachusetts Supreme Judicial Court issued an opinion on May 14, 2010, affecting the ability of developers and Condominium Board's to waive certain provisions of the Massachusetts Condominium Act, Chapter 183A. In the case of Scully v. Tillery, the SJC held that the developer may waive the provisions of c. 183A, provided that the organization of unit owners agreed to such waiver, and that subsequent owners have record notice of the waiver provisions.
At issue in the case was a litigation settlement agreement whereby the Developer and Condominium Board agreed to set percentage interests for future phases differently than otherwise proscribed by statute.
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KNOCK, KNOCK! WHO'S THERE? THE U.S. CENSUS. THE U.S. CENSUS? JUST LET ME IN AND DO AS I SAY, AND YOU CAN KEEP YOUR $500! |
Not the greatest punch line, but it provides owners, proprietors, managers, superintendants, and agents of any building (our clients) with some valuable insight on potential liability if they fail to accommodate a US census employee.
Pursuant to Article 1, Section 2 of the US Constitution, Congress is empowered to carry out the census "in such Manner as [Congress] shall by Law direct". Throw in the "necessary and proper clause", and the founding fathers have effectively provided Congress with the ability to demand answers to various questions beyond mere headcount. One would assume that the aforementioned Constitutional language would be sufficient to allow Congress to carry out the census. However, one would be wrong...
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ICY COMMON AREA STAIRS TRIP UP ASSOCIATION IN THE APPEALS COURT |
A recent unpublished Appeals Court decision demonstrates the need for association's to take reasonable steps to remedy known defects that create potentially hazardous conditions on the premises. In the matter of Molloy v. Board of Directors of Laurel Green, the plaintiff sustained a compression fracture of her spine due to a fall on an outside staircase in late October 2001. The plaintiff claimed that on the morning of her fall the exterior stairs were icy due to a malfunctioning sprinkler system that sprayed water onto the area. The water subsequently froze due to the cold weather. The plaintiff attempted to traverse the stairs and fell on the ice. The plaintiff's neighbor submitted an affidavit stating that on the morning of her fall the common area sprinkler was spraying water on the stairs and the stairs were icy.
More Details>> |
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LEAD PAINT SEMINAR | |
IT'S TIME TO GET THE LEAD OUT!
MEEB's Jeff Turk will be the speaker at this informational seminar sponsored by IREM to discuss tough new regulations which became effective April 1, 2010. Topics will include the review of the current laws relating to lead paint, disclosure requirements, certification of staff membrs and management companies and the requirements of the EPA's new renovate, repair and painting regulations.
The seminar will be held on June 21, 2010 from 9:00 AM to 12:00 Noon at ARS Services Office, 38 Craft Street, Newton, MA.
For additional information and registration please contact Jeff Turk at jturk@meeb.com.
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Marcus, Errico, Emmer & Brooks, P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
781·843·5000 / www.meeb.com | |
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