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DOES YOUR CONDOMINIUM HAVE A JERSEY BARRIER GUY ON SPEED DIAL? NEW HAMPSHIRE COURT ALLOWS CONDOMINIUM TO TERMINATE PRIVILEGES FOR NON-PAYMENT OF COMMON EXPENSES
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In an unreported Trial Court Decision, a New Hampshire Superior Court Judge refused to require a condominium board to remove a jersey barrier it had placed on a unit owner's driveway, which in turn prevented him not just from using his driveway, but also his garage. The condominium board, fed up with the unit owner's refusal to pay his monthly common expenses for over two years placed a jersey barrier in front of the unit owner's driveway, preventing him from accessing his unit and/or garage via vehicle. Previously, the Condominium Board had towed the vehicle as it sat in the driveway and terminated pool and clubhouse privileges, to no avail.
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NEVERGREEN: WHY EVERGREEN CONTRACT CLAUSES REAELY MAKE SENSE FOR CONDOMINIUM |
Although there seems to be no shortage of talking heads touting signs of the beginning of the end of the economic decline, associations, like the average consumer, are still struggling to do more with less, as they look for ways to cut costs, while still providing needed services to their communities. It just so happens that service providers, like the mall retailers, are advertising some bargain basement prices. Unfortunately, because of the use of unfavorable contract terms, such as "evergreen clauses," many associations will not be able to cash in on the savings being offered.
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MASSACHUSETTS HOUSE PASSES LEGISLATION TO ENCOURAGE ENERGY CONSERVATION PROJECTS
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The Massachusetts House of Representatives recently passed legislation that will allow municipalities to provide loans to owners of privately held property to finance energy conservation and renewable energy projects. The legislation included specific provisions to ensure that condominium associations will also be eligible for these loans. The language was included as part of a broader municipal relief bill, and it is likely that the Senate will pass this measure in the coming weeks.
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SPEAK UP OR SIT DOWN: SHOULD COMMUNITY ASSOCIATIONS TAKE PUBLIC STANDS? | |
Inertia and disinterest are common problems in common interest ownership communities, which are often hard-pressed to find owners willing to serve on boards, volunteer for committee assignments, or even vote in association elections. So it is interesting and somewhat surprising to find that some homeowner associations are facing pressure to become more involved in local, state, and even national political affairs.
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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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