Law & Legislation

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Premier Condo Expo Attracts Throngs of Decision-Makers

By New England Condominium

 The premier New England Condo Expo drew visitors from across the region to the  Seaport World Trade Center in Boston for a full day of networking, seminars –and a chance to win a host of prizes. Read More

Keeping on Their Toes

By Marie N. Auger

If a unit owner has trouble making mortgage payments, can non-payment of condo fees be far behind? In what feels almost like a “tough love” scenario, experts are encouraging condo boards to be proactive about collecting late fees, even though New England communities have not been hit as hard as those in other parts of the country. Read More

Admittance Denied

By Liz Lent

 For many prospective co-op shareholders, finding the living space of their  dreams is only half the goal. The other half involves making the cut before the  co-op’s admittance committee, meeting all of the seemingly mysterious criteria that  can mean the difference between a new home and a rejection letter.   Read More

Talking Trash

By Robert Todd Felton

They pay the same property taxes, and pull electricity from the same wires; their residents go to the same schools and libraries, and vote for the same municipal officials. Yet there is one marked difference between many condominiums and their single-family house neighbors: trash. In towns and cities where the governments provide free trash pickup to single-family houses, condominiums are often required to foot the bill for the same service.Although this is certainly not a new issue, sharply rising costs for trash removal—and rising property taxes—are prompting condominium associations to re-examine the fairness of the situation. Following a number of successful campaigns across the country, many condominium residents throughout New England have organized and are pressing the local governments with renewed vigor for equality in municipal services. Read More

Foreclosure Sales Clarified

By Carl H. Lisman, Esq.

A hallmark of community associations is their ability to enforce nonpayment of assessments by resorting to the remedy of foreclosure—long recognized in the law as a forfeiture of property. Over time, courts and legislatures have struggled to balance the rights of the parties to ensure that the results of the foreclosure serve society's greater needs Read More

2009 Legislative Update

By Laura V. Scheel

While only a few states guarantee a “right-to-dry,” at the time of this writing, proposed legislation aimed to remove bans on clotheslines within condominium associations appears on several statehouse docket lists in New England. Arguments are fervent on both sides of the issue; at the core is the balance of the protection of private rights versus energy conservation for the public good. The wording and intent of the right-to-dry bills vary by state. While as many as ten states currently have legislation allowing energy-saving devices such as solar panels, only a handful – including Florida, Utah, Colorado and Hawaii – currently have laws that specifically protect homeowners’ rights to use clotheslines, according to various reports. Read More

Cable Ruling Opens up Competition

By Jim Douglass

In a far-reaching ruling that affects condominiums across the country, the Federal Communications Commission (FCC) recently banned exclusive contracts between cable TV providers and multi-family dwellings. The ban, which went into effect March 7, has been hailed as long overdue by consumer groups. Read More

Resident Vs. Board

By Hillary Pember

 Jack has heard talk that the board has voted to continue a contract with the poorly-run lawn care company the association has contracted with for years. Rumor has it that damage was done to a window by a careless worker and a  complaint has even been filed.   Read More

Conservation on the Line

By Pat Gale

From Connecticut to California, homeowners—including condominium-dwellers—are looking for ways to cut energy expenses. And, increasingly, their attention has focused on an appliance recognized as an energy hog: the clothes dryer. Read More

Legal Briefs

By Mark S. Einhorn

Although there seems to be no shortage of talking heads touting the beginning of the end of the economic decline, associations (like the average consumer) are still struggling to do more with less. Read More

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