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MARCUS, ERRICO EMMER & BROOKS, P.C.
Massachusetts - New Hampshire - Rhode Island
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Representing Over 3,300 Condominium Associations...One Association at a Time |
Condominium-Apartment Insider
September 2010
Issue No. 15 |
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FOR MORE CONDOMINIUM NEWS |
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For Questions or Comments or if you would like to add our newsletter to your website, please let us know at law@meeb.com. |
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SUPERIOR COURT HOLDS THAT STRUCTURAL COMPONENTS OF A BALCONY ARE COMMON AREA AND THE RESPONSIBILITY OF THE ASSOCIATION TO REPAIR
Park Terrace Condominium is a five story residential building containing 120 Units, 80 of which have balconies. The Master Deed states that the balcony adjacent to any Unit is part of the Unit and not part of the common areas. Additionally, the Master Deed described common areas and facilities as "All portions of the Buildings not included in any Unit ... including ... [t]he foundations, structural members, beams, supports, exterior walls... structural walls and other structural components contained entirely within any Unit."
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BIG NEWS IN SMALL CLAIMS
Small claims procedure in Massachusetts Courts provides anyone with the opportunity to start an action simply by printing a concise written statement of their claim, and filing it with the district or housing court clerk. The clerk then sends out a certified letter to the Defendant, notifying them of the date (typically 2-4 months from the date of filing) on which the claim will be heard in an informal proceeding, typically before a clerk magistrate. The Massachusetts Rules of Evidence are "loosely" applicable, the court (not the claimant) effects service of the claim, and only upon leave of court would either party be entitled to discovery. In addition, the Plaintiff does not have a right of appeal, but is entitled to recover the filing fee from the Defendant in the event that she prevails on her claim.
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NEW MASSACHUSETTS LAW REQUIRES EMPLOYERS TO NOTIFY EMPLOYEES OF NEGATIVE INFORMATION PLACED IN PERSONNEL RECORDS
On August 5, 2010, Governor Deval Patrick signed into law "An Act Relative to Economic Development Reorganization" (M.G.L. c.240, §1, et. seq.) with a stated purpose of providing a business friendly environment, stimulating job growth, and coordinating economic development activities funded by the Commonwealth. Buried within the act is a significant amendment to the Massachusetts Personnel Records Statue (M.G.L. c.149, §52C). The new law (Chapter 240 of the Acts of 2010, Section 148) implements a change in employers' legal obligations regarding personnel records. The amendment requires employers to "notify an employee within 10 days of the employer placing in the employee's personnel record any information to the extent that the information is, has been, used or may be used to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action."
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"EVERGREEN" AND RIGHT OF FIRST REFUSAL CLAUSES SET CONTRACT TRAPS FOR UNWARY BOARDS
Most condominium associations enter into a variety of agreements with different vendors and suppliers to provide essential services, such as laundry room facilities, snow-plowing, and landscape maintenance, to condominium residents. Boards often sign these agreements without paying much attention to the legal terms governing the relationships, but imagine the following scenario:
Your association's five-year contract with its laundry room vendor is ending (and not a moment too soon as far as most board members are concerned). Although the company hasn't done anything terribly wrong, its level of service has slipped steadily over the past couple of years and you've found another vendor offering the association a much better deal along with the promise of better service. You send a letter to the laundry company explaining that the association does not intend to renew the parties' existing agreement and asking the company to remove its laundry equipment from your property at the end of the contract term.
More Details>>
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MARCUS, ERRICO, EMMER & BROOKS, P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
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