07.14.2023 | Webcasts & Podcasts

The Marcus Hour | Ep. 6 | 7.14.23 Condo Conundrums: Unraveling Common Challenges and Solutions – A Q&A Session

The Marcus Hour | Ep. 6 | 7.14.23 Condo Conundrums: Unraveling Common Challenges and Solutions – A Q&A Session


00:02:15.000 –> 00:02:23.000
Exciting, and new developments that we’ve been seeing and that we’re kind of excited to share with all of you in our kind of thoughts on that.

00:02:23.000 –> 00:02:31.000
We encourage, if you do have, if you do have questions. During the show, feel free to submit them.

00:02:31.000 –> 00:02:41.000
I believe we should be able to see them pop in. And as you submit questions, we might not get to it today, but we wanna make sure that.

00:02:41.000 –> 00:02:49.000
We will answer them. Either in, in the next week or so. I’m here joined by Stephen Marcus.

00:02:49.000 –> 00:02:58.000
Famous condominium attorney Anything you wanna add, Steven, before we get started into the presentation.

00:02:58.000 –> 00:03:01.000
No, I’m ready to go whenever you are Jake.

00:03:01.000 –> 00:03:10.000
Alright, let’s get going.

00:03:10.000 –> 00:03:15.000
Explain the law of water leaks and condominium units.

00:03:15.000 –> 00:03:17.000
You want me to take this one, Jake?

00:03:17.000 –> 00:03:21.000
You can, yeah, I think you got this one.

00:03:21.000 –> 00:03:32.000
Okay, so this is this is a short but loaded question there’s a saying that If they build it, they will come.

00:03:32.000 –> 00:03:41.000
If you build it, they will come. I think with water. The quote is if they build it, it will link.

00:03:41.000 –> 00:03:54.000
Oh, what a lake are, problematic and various areas and it opens up. Questions such as insurance, allocation of insurance to Dr.

00:03:54.000 –> 00:04:07.000
Bose. But. The first thing I suppose would start at is the beginning. The association transitions.

00:04:07.000 –> 00:04:25.000
From developer control. They have been water leaks from time to time. That when the engineer because the congestion study for the now unit on a controlled board.

00:04:25.000 –> 00:04:31.000
They wanna see what is the cause of the water, on Carlisle and other manufacturer rubber roofs.

00:04:31.000 –> 00:04:51.000
There are 20 year warranties. The developer or the subs may have some obligations. And then you go to Post transition.

00:04:51.000 –> 00:05:01.000
And inevitably something happens. I’m picturing like a Ten’s very high rise, but mid rise.

00:05:01.000 –> 00:05:13.000
That So something happens and water infiltrates into the condominium unit. Let’s say from the the roof area.

00:05:13.000 –> 00:05:24.000
Again, you have to fix the, the association has to fix the common area. So there’s the roof.

00:05:24.000 –> 00:05:34.000
Or the windows or the flashing. That, a causing it. That has to be looked at.

00:05:34.000 –> 00:05:51.000
But the, we’re in a horrific weather pattern right now. And I think a hundred 15 million people and the United States are in areas with.

00:05:51.000 –> 00:06:07.000
Rains and floods and all that. And the point. Is just because of roof lakes. Doesn’t mean that the association is responsible.

00:06:07.000 –> 00:06:31.000
There’s no strict liability. The association’s only responsible if there are intelligence. But if a roof lakes and causes damage to the unit below the associate if it were, $100,000 of damage, the association would notify the master The unit honor would notify SHO 6 carrier.

00:06:31.000 –> 00:06:57.000
The unit owner should have. Coverage A in an amount of at least the amount of And what’s happening these days because of the number of water claims is insurers have gone from say $5,000 deductible per occurrence.

00:06:57.000 –> 00:07:16.000
To $5,000 deductible or 25 or 50,000. Per unit on water claims because they were getting destroyed with I stems and that and water damage.

00:07:16.000 –> 00:07:29.000
The other issue where it comes up is somebody’s water heater. Let’s go. Ideally it would have like a, their ducks that they’re, little.

00:07:29.000 –> 00:07:59.000
That give you a warning that a water heater might be leaking or you could put a copper PIN or some kind of metal PIN under the at the water heater, but the problem is if you’re on the tenth floor, it could be substantial damage to 9 stories below each unit could have a a claim and again the process

00:08:00.000 –> 00:08:13.000
And. Yeah, it’s fine to call us. This isn’t sinking in the first time because It seems like it has to be repeated a lot.

00:08:13.000 –> 00:08:24.000
That, as each claim comes up. Is to put the Master and unnoticed.

00:08:24.000 –> 00:08:33.000
For amounts about the deductibles. Tell unit owners to notify their HO 6 carrier.

00:08:33.000 –> 00:08:43.000
And hopefully they’re they’ll have coverage A or they should get coverage A. And the association would allocate.

00:08:43.000 –> 00:08:54.000
They have each units. Percentage of the the loss to that unit. So among the the 9 units damaged.

00:08:54.000 –> 00:09:09.000
The loss would be allocated based on how much damage it was actually to. Yeah, on.

00:09:09.000 –> 00:09:21.000
Water infiltration from the basement. We have with climate change for whatever reasons water levels are increasing.

00:09:21.000 –> 00:09:41.000
And water tables are increasing. And water is, more prevalent. But if there is an issue with water coming in, infiltrating, the basement.

00:09:41.000 –> 00:09:50.000
Under the state sanitary code in the state building code. The building has to be free of water infiltration.

00:09:50.000 –> 00:10:12.000
Sometimes some pumps use, sometimes. A inside French strain system is removed is created Where, there’s a channel around the perimeter and it all goes into a sum pump which pumps the water out.

00:10:12.000 –> 00:10:35.000
It’s not acceptable to, say that. Water. Coming. Coming into a unit is not something that the association shouldn’t deal with the association Should deal with that and the other problem is after 72 h water standing in a spot.

00:10:35.000 –> 00:10:51.000
You get concerns now with, the possibility of Moles. And Mould is typically only covered up to 15,000 as the image per.

00:10:51.000 –> 00:11:04.000
Annual insurance here. And is cut with 0 on the commercial general liability and directors and offices liability.

00:11:04.000 –> 00:11:15.000
So, I think that’s all I wanted to say. And again, I understand this trick is each claim comes in.

00:11:15.000 –> 00:11:25.000
But, it’s more complicated than water comes in from the outside. It’s from the outside.

00:11:25.000 –> 00:11:36.000
The association must take care of it. That’s not how any of this works and then the insurance makes it even more complicated and then claims history if you have a lot of losses.

00:11:36.000 –> 00:11:43.000
Makes it also complicated because it’s a chance of cancellation of the policy. Jake.

00:11:43.000 –> 00:11:50.000
Excellent. And again, yeah, this is just a general QA. So feel free to submit questions if you have any.

00:11:50.000 –> 00:11:58.000
So the next question is in Massachusetts, can an HOA board vote via email or by electronic means?

00:11:58.000 –> 00:12:07.000
In Massachusetts, it’s not statatorily. Identified Now in Florida. Where I also practice.

00:12:07.000 –> 00:12:19.000
Under statute 7 18. Point 1 2 8 it allows electronic voting If a if a unit on our consent.

00:12:19.000 –> 00:12:24.000
So you can opt in. You also don’t have to opt in. It’s not required.

00:12:24.000 –> 00:12:34.000
And I think the statute has this correct and I think states will. Kind of go towards this this kind of electronic voting.

00:12:34.000 –> 00:12:47.000
I’ll show voting or virtual meetings more and more. In light of the, recent pandemic where virtual virtual meetings was was more accessible and more popular.

00:12:47.000 –> 00:12:56.000
And I think it has it right where They’re not gonna require you to. Electronically vote, but you can do it if you want.

00:12:56.000 –> 00:13:06.000
And I think boards and property managers should, consider putting this in the governing documents and allow for the option of electronic voting.

00:13:06.000 –> 00:13:25.000
We’re seeing a technology just boom even more and more every day things are more and more automated it’s easier to access people even here today we don’t have to go to you know, the local convention center to host our Marcus hour.

00:13:25.000 –> 00:13:28.000
We can do it on right from a webinar.

00:13:28.000 –> 00:13:38.000
You get Jacob, sorry for bothering you, but this is important. Do you think that the 21 attendees would fit into the convention center?

00:13:38.000 –> 00:13:47.000
I think it’d be a tight squeeze. We might have to rent out Gillette Stadium or Fenway Park to make sure we can.

00:13:47.000 –> 00:13:51.000
There are people lining up outside our offices. At 30’clock this morning. So I know.

00:13:51.000 –> 00:14:05.000
Yeah. I heard, yeah, that they were lining up for that. We had a more popular attendance than the, the Drake concert at a td bank north garden.

00:14:05.000 –> 00:14:11.000
Earlier this week where people were lining up at 3 a. M. Or Shishessky, Bill for the Duke, UNC fans.

00:14:11.000 –> 00:14:12.000

00:14:12.000 –> 00:14:14.000
They have to line up weeks before to make sure they can get in. So.

00:14:14.000 –> 00:14:25.000
Or the mess with Taylor Swift and the tickets on the. It costing $3,000 for a nosebleed state.

00:14:25.000 –> 00:14:26.000

00:14:26.000 –> 00:14:28.000
I think that’s what I think that’s what we’ll start to charge for these Marcus hours.

00:14:28.000 –> 00:14:29.000

00:14:29.000 –> 00:14:45.000
But yeah, I think so good thing that we can. You know stream this online the internet’s a great place to get things going and I do think in associations and condo voting and virtual meetings, especially where associations have difficulty.

00:14:45.000 –> 00:14:52.000
Conducting an annual meeting. If you can do it by virtual means. I think in New Hampshire.

00:14:52.000 –> 00:14:59.000
I don’t practice there, so I’m not gonna speak on it, but there’s something about the requirements of virtual meetings versus in person meetings.

00:14:59.000 –> 00:15:08.000
And I think I think in mass chooses those. That the CI legislative action committee Which Matt Gaines at.

00:15:08.000 –> 00:15:30.000
Me the, the co-chairs. I believe they, the, so, the non national nonprofit with the offices and, wells like 4 condominiums with the offices and, Wells like 4 condominiums.

00:15:30.000 –> 00:15:41.000
I believe we have filed a bill last session and wells like 4 condominiums. I believe we have filed a bill last session and probably refiled a bill last session and probably refiled it this session for remote voting elections.

00:15:41.000 –> 00:15:57.000
Yeah, and I do and I do think it’s it’s growing and it’s gonna be heading in that direction and I think a lot of association should allow what Florida allows under 7 18.1 2 8 which allows under 7 18.1 2 8 which allows you to opt in so you don’t have to do it if you’re used

00:15:57.000 –> 00:16:03.000
to the in person or virtual or regular pamphlet voting. You can still do that.

00:16:03.000 –> 00:16:10.000
And there’s no there’s no issue with that. I think I also think electronic voting there are a few vendors that we are.

00:16:10.000 –> 00:16:25.000
Familiar with. One is called another is called get quorum, which as you can tell from the name, it relates directly to a associations and making sure that you can get your quorum.

00:16:25.000 –> 00:16:36.000
And sometimes allowing for ease of voting. He is a virtual meetings. That can get you to the you know get votes to be effective.

00:16:36.000 –> 00:16:40.000
And I think, yeah, we’re actually gonna, I think it’s either in October.

00:16:40.000 –> 00:16:53.000
Or November we’re gonna do a webinar with I believe one of those vendors. And kind of get into get into the details of how technology is affecting associations.

00:16:53.000 –> 00:17:00.000
And you’re seeing it every day. Chat GPT, whatever Google’s chat GPT is Twitter.

00:17:00.000 –> 00:17:05.000
Elon Musk is gonna make that crazy. Mark Zuckerberg is gonna fight him and he’s gonna do Instagram threads.

00:17:05.000 –> 00:17:18.000
So you’re just gonna see a technology more and more prevalent in communities. But for purposes of Massachusetts and electronic voting or virtual meetings.

00:17:18.000 –> 00:17:27.000
I would suggest adding some language in your governing documents. To allow a unit owner to opt in.

00:17:27.000 –> 00:17:32.000
If they would like, but not have to or require electronic voting.

00:17:32.000 –> 00:17:40.000
Yeah, and maybe to finalize that they, most best chooses condominium documents.

00:17:40.000 –> 00:17:56.000
State that if all board members consent. That you can do business without a meeting. But you need a hundred percent of the board to, approve.

00:17:56.000 –> 00:18:15.000
So, look through your documents or have your attorney give you an opinion as to, how voting should be, be replaced on the final warning is be real protective of the email and the discovery people seem to say crazy things by email.

00:18:15.000 –> 00:18:26.000
Oh, Jesus, you don’t know who’s complying about this. This is jerk, blah, blah, typically they’re doing it on their work email or personal one.

00:18:26.000 –> 00:18:46.000
I guess my suggestion is anything that you type in an email. Assume that it, or think about, that, what if what you said would appear on the 6 pm or 11 pm news.

00:18:46.000 –> 00:19:03.000
And. Be a little more cautious in terms of what you What you write, because the, if there is a suit down the party is likely to discover it and use it against you.

00:19:03.000 –> 00:19:13.000
The other suggestion is that each association get it should get its own. Email address for the trustees, board members.

00:19:13.000 –> 00:19:25.000
And. Try to keep all communications through the associations email. I suppose it also could be through the management companies.

00:19:25.000 –> 00:19:34.000
Enter to take it a step further you mentioned that can be. Found through discovery. We’re gonna get into records request during this seminar.

00:19:34.000 –> 00:19:42.000
It can also be revealed during records request. Make sure your email what we would suggest and what we suggest to associations.

00:19:42.000 –> 00:19:49.000
Is to make a. Hey, consolidated email. Don’t use your personal email for.

00:19:49.000 –> 00:19:58.000
For association dealings. That applies to property managers and associations. Or boards I should say.

00:19:58.000 –> 00:20:04.000
Let me, let’s get to the next one though.

00:20:04.000 –> 00:20:05.000
This is you. What are the

00:20:05.000 –> 00:20:15.000
Okay. And. Yeah, I’ll do that. Yeah, and a question came out of the QA, so maybe you could, I didn’t have time to look at it.

00:20:15.000 –> 00:20:23.000
So. I’ll start the answer and you and you can rerun the, talk about whatever the question that was just asked.

00:20:23.000 –> 00:20:27.000
And if we don’t get to, we encourage you to submit questions during the seminar. If we don’t get to it during this hour, we will answer it.

00:20:27.000 –> 00:20:39.000
Try to get it within the next week or so. But so we encourage submitting questions if you haven’t already.

00:20:39.000 –> 00:20:43.000
So, but so we encourage submitting questions if you haven’t already. And just do it right in the chat feature, QA feature at the top of your screen.

00:20:43.000 –> 00:21:03.000
We save that and then we attempt to answer each each question post webinar if we don’t get to it so we’re onto what seems like a simple question about the one of the best practices in regards to a mass decay system.

00:21:03.000 –> 00:21:08.000
Agreement to pull cases in regards to a mask the case system. Agreement to pool, case, system, agreement to pull, case on an event of emergency and the person who.

00:21:08.000 –> 00:21:25.000
Who asked that as a unit owner run a condominium and in Boston I don’t think on on the board but he suggested to the to the owners.

00:21:25.000 –> 00:21:39.000
They create such a system and that he would, it would be kept in a safe.

00:21:39.000 –> 00:21:56.000
But a third party would have the the list of what unit each key was for And the simple answer is on mass generalize chapter 1, 83 a section 4.

00:21:56.000 –> 00:22:15.000
The association is permitted access to units but recently he probably read about the case with the tragic case of the 2 surgeons in Boston who were murdered in their pentas condominium.

00:22:15.000 –> 00:22:25.000
And at least so far in the case it looks like this. But, heavy and potential liability for.

00:22:25.000 –> 00:22:45.000
For a the, for a Yeah, judgment or settlement. By the association on the security companies And for what I think.

00:22:45.000 –> 00:22:53.000
But don’t know will be very significant amounts or will go to trial in April of 2021.

00:22:53.000 –> 00:23:04.000
So with that, my concern is Okay, so somebody has the keys. That saves the fire department from breaking down the door.

00:23:04.000 –> 00:23:05.000
Of the unit. One of the person who has the keys isn’t home.

00:23:05.000 –> 00:23:25.000
What if the person who has the keys and the is home but they have the person with the safe is home but the person who has the combination to the safe isn’t.

00:23:25.000 –> 00:23:35.000
And then somebody who knows the code. So it could very well happen. That, they could be a breach of security.

00:23:35.000 –> 00:23:48.000
As somebody simply opened up. The safe and There are 100 keys each label by the the unit number.

00:23:48.000 –> 00:23:56.000
So. I think associations have to come up with the best answer, but not these days they have to balance safety.

00:23:56.000 –> 00:24:07.000
And the deaths of the murder of these 2 doctors, with the convenience of a key system.

00:24:07.000 –> 00:24:24.000
Years ago my answer would be, oh absolutely you’re entitled to a way to have copies of the case and now I’m landing more towards you maybe it’s safer to take the chances and I’m laying more towards you maybe it’s safer to take the chances and if the fire department has to put an axe through

00:24:24.000 –> 00:24:30.000
the And that’s what they have to do and the unit owner has to, pay to replace it.

00:24:30.000 –> 00:24:33.000

00:24:33.000 –> 00:24:47.000
Good. In Massachusetts, what are the responsibilities of the Board of Trustees to make repairs in this case a roof replacement when it is unclear how many unit owners approve of the repairs.

00:24:47.000 –> 00:24:56.000
Could the board be held liable if they do not make the repairs? And this one, the short answer is yes.

00:24:56.000 –> 00:25:04.000
They need to make the repairs for roof repairs. This is something that is very important and needs to be done.

00:25:04.000 –> 00:25:17.000
This isn’t considered. An alteration or an improvement. That would need to be voted on, or that is for the is a little less, serious than a roof repaired.

00:25:17.000 –> 00:25:26.000
If they need to be made they need to be made and the board has that ability to do so and they should.

00:25:26.000 –> 00:25:35.000
In light of start side and the SARS side incident, which is a neighborhood in Miami-dade, Florida.

00:25:35.000 –> 00:25:44.000
The champagne towers south there was a building collapse and the need to make repairs is becoming a lot more important.

00:25:44.000 –> 00:26:07.000
Actually statutory requirements across the nation are being put into effect that require Not only that repairs be made when needed, and we will get to some of that a bit with reserve accounts and needing to maintain the property in a good condition and a lot of things that have come out of, some, some legislation across the nation based

00:26:07.000 –> 00:26:14.000
on our side. The big thing there, that you need to focus on is ensuring.

00:26:14.000 –> 00:26:23.000
The structural integrity of some of these buildings. And that includes roofs. You don’t want You don’t want a, a damaged roof.

00:26:23.000 –> 00:26:28.000
It’s something that is more important than just, if you’re adding a tennis court or you know, changing.

00:26:28.000 –> 00:26:39.000
Some exterior areas for the benefit of association members. The biggest thing you wanna do here.

00:26:39.000 –> 00:26:53.000
The roof is a common element. Common area in most cases. And so you you as the association and the are going to want to emphasise and make sure that these are made and made in a good, in a good, in a good.

00:26:53.000 –> 00:27:01.000
And safe, manner. So yes, the short answer. This is an important area.

00:27:01.000 –> 00:27:09.000
Statatorily required, beyond even just roof repairs. In most legislation will.

00:27:09.000 –> 00:27:28.000
Well, we’ll basically be saying. If it’s if it affects the structural integrity. It’s gonna be needed and we’ll get into reserve accounts that’s also something that I can imagine will be, more strict and more stringent about other requirements going forward.

00:27:28.000 –> 00:27:41.000
And yeah, unfortunately June, 20 first 2021 is when. Surf side, there is a lot that has been done.

00:27:41.000 –> 00:27:50.000
There is a lot that still needs to be done and will continue to occur in our in our communities and in the community association world at large.

00:27:50.000 –> 00:27:54.000
So, good question there. So.

00:27:54.000 –> 00:28:08.000
Okay, I’m gonna try to rattle off a couple on the, chat. first question is for a few $100 of delinquent charges, should the, take multiple actions with a substantial legal phase.

00:28:08.000 –> 00:28:30.000
How do you stop it? Well, the first thing to stop it is, it engages this piece with the condominium association, the amounts that are all alleged to be owed, should be paid, but the back of the checks are being to us paid under protest.

00:28:30.000 –> 00:28:46.000
To reserve your rights that will stop further actions, but condominium boys and managers also have to look at, gee, if we’re chasing a hundred dollars worth of fines.

00:28:46.000 –> 00:29:03.000
How do we justify $10,000 worth of legal legal services and multiple actions so i think there just has to be some common sense approach to, dealing with, with that.

00:29:03.000 –> 00:29:17.000
This question about some kind of charge hundreds of dollars, have a hundred dollars for moving to move out whereas the maximum I don’t think there’s a maximum that a court has imposed, but I think what a quote would look at is what is the cost for.

00:29:17.000 –> 00:29:38.000
Assuming that you also have a security deposit, for damaged by the movers. What is the reasonable cost for the administration, of putting one of the elevators out of service because it’s being used by the person moving.

00:29:38.000 –> 00:29:54.000
And, you could have, for example, a $50 charge or $100 charge at a hundred and a $500 charge or $100 charge at a hundred and a $500 security deposit that a hundred and a $500 security deposit that you get back when.

00:29:54.000 –> 00:30:01.000
When the Move out is done, if there’s another damage. That’s on rent to own agreements.

00:30:01.000 –> 00:30:10.000
If it’s done during the developers stage, there’s also projections under the messages condominium conversion Mac 5 chapter 5 27 or the acts of 1983.

00:30:10.000 –> 00:30:29.000
The, I’m not seeing it a lot with. Unitone is doing it with their current tenants and.

00:30:29.000 –> 00:30:40.000
There are. The things that, should be included is the chat should be a purchase in sale.

00:30:40.000 –> 00:30:44.000
All the terms should be a purchase in sale. All the term should be included is attached to be a purchase in sale. All the term should be held out.

00:30:44.000 –> 00:30:56.000
The date for, acting on the sale. All the term should be held out. The date for, acting on the, the date for, acting on the, the date for, acting on the, rental should be set for, etc.

00:30:56.000 –> 00:30:57.000

00:30:57.000 –> 00:31:00.000
That question was from Brian Teague. So what happened? So we’re happy to speak about it more on the 20 s.

00:31:00.000 –> 00:31:09.000
But I didn’t answer the, my question, which is how can the the next slide I think Jake.

00:31:09.000 –> 00:31:10.000
Oh, good.

00:31:10.000 –> 00:31:21.000
How can the, universe demand that the board be transparent? Contact the kind of mini business and open sessions that Honest can hear all the discussions.

00:31:21.000 –> 00:31:45.000
In Massachusetts, there is no open meeting laws for cutting minimum associations. Jake is probably gonna tell you that the might be in in Florida, not with standing that we strongly encourage that meetings be open sort of like, what a selection meetings where.

00:31:45.000 –> 00:31:56.000
Probably a half hour before or after with questions and answers and comments and then you’ll listen like you would at a Border Selectman.

00:31:56.000 –> 00:32:08.000
We think it, provides transparency and, gives more trust. And, gives more trust.

00:32:08.000 –> 00:32:29.000
We all also believe in, getting minutes of meetings, child unit donors, on the portal but it has to choose as it’s not required we see that there are exceptions such as executive session for example.

00:32:29.000 –> 00:32:36.000
Legal strategy discussions with attorneys Take you wanna talk about Florida.

00:32:36.000 –> 00:32:49.000
Yeah, so section 7 18, point 1 1 2 2 C. The Florida statute that actually, yeah, does provide that at meetings at which a quorum has been obtained.

00:32:49.000 –> 00:33:08.000
Must be open to all unit owners and then the the statute also goes on to say that unit owners have the right to record a video tape meetings, which, I know, a lot of times in Florida, especially if it’s a contentious board, contentious, kind of,

00:33:08.000 –> 00:33:20.000
community. We encourage that. Not only to bring an attorney to kind of to, hold the piece, but maybe even security if it has gotten, hostile or, to the point of physical altercations.

00:33:20.000 –> 00:33:36.000
It’s, it’s, and yeah, again, I think this could be a good, a good clause to mimic if you do want open meetings and you are at your association, a good clause to mimic in your governing documents.

00:33:36.000 –> 00:33:43.000
Okay, so I’ll get to the Next slide.

00:33:43.000 –> 00:33:46.000
This is you again.

00:33:46.000 –> 00:33:54.000
Okay, if in our association or dialing we have a unit that is up part of the declaration, but it’s owned by the association.

00:33:54.000 –> 00:34:01.000
Can we engage in 9 90 at least for this unit? My understanding from the specific question is that it was being used as a superintendent’s unit.

00:34:01.000 –> 00:34:17.000
We’ve had the same thing with condominiums in Massachusetts where a former. in-house unit for the superintendent that was not part of the units.

00:34:17.000 –> 00:34:34.000
The, This is just gonna be a broad answer because we really can’t answer it without revealing what you condominium documents say.

00:34:34.000 –> 00:34:53.000
But. in our opinion, it would seem that It would be possible. To rent it on a 99, or engaging in 90 at 9 at, so do it from time to time.

00:34:53.000 –> 00:35:12.000
I would probably put in the agreement just because the have surprised us with a few decisions I probably would put in it that if it’ to be illegal.

00:35:12.000 –> 00:35:33.000
That so they arrangement well sees and the occupant will move out of the space. But it would seem to me that it would be economically wasteful to have.

00:35:33.000 –> 00:35:40.000
Something that sounds like a condominium unit, but isn’t. Sitting there unoccupied.

00:35:40.000 –> 00:35:52.000
When we have somebody issues with housing for, both affordable and market value and getting more on the market.

00:35:52.000 –> 00:35:54.000
So that’s my quick answer.

00:35:54.000 –> 00:36:12.000
And, for Rhode Island questions, we Neither my father and I are licensed to practice in Rhode Island, but we do have, Edmund Alcock who is the managing partner of Alcock and Marcus who can he grew up in Potocket, Rhode Island.

00:36:12.000 –> 00:36:20.000
And if you need any questions about Rhode Island specifically. He is the he’s the man.

00:36:20.000 –> 00:36:28.000
Okay, this one is a great question. How do you recommend enforcing fines as it relates to pets?

00:36:28.000 –> 00:36:38.000
And if you if you if you like the dog in the photo He is actually a dog of our family called Digby Marcus.

00:36:38.000 –> 00:36:49.000
So he is actually the brains and, brawn behind, the Marcus Hour and we’re glad to have him join us today.

00:36:49.000 –> 00:36:55.000
Hello Digby. So to get into pets, This will normally be delineated in your governing documents.

00:36:55.000 –> 00:37:12.000
This is something that the policy or enforcement should be provided in your actual, governing documents and how you wanna handle, the handling of pets.

00:37:12.000 –> 00:37:22.000
That being said, you need to be careful with emotional support or service animals. Check your jurisdiction as to what it says the ADA requirements are.

00:37:22.000 –> 00:37:38.000
And make sure you comply with those and that you do not restrict service animals if even if you don’t if you prohibit pets in your community I wanna get it, this relates to fines in particular.

00:37:38.000 –> 00:37:45.000
So in forcing fines, there’s a case called, trustees of 10 porter.

00:37:45.000 –> 00:38:00.000
And that gets into all types of things, everything you’d wanna know as to the reasonableness of finds not only as it relates to interpreting that from the standpoint of Was this a reasonable fine based on the violation?

00:38:00.000 –> 00:38:05.000
Is this an appropriate find to just find them in general? And also the amount of the fine.

00:38:05.000 –> 00:38:13.000
In that case, it had to do with cameras that were set up outside of units or able to.

00:38:13.000 –> 00:38:24.000
View certain common areas. And in that case, I think it was. The amount of the finds ends up accumulating after, you know, each day that it happens and it’s not, removed.

00:38:24.000 –> 00:38:33.000
But the amount in that I think of the just the fine per say was the amount from $50 was considered.

00:38:33.000 –> 00:38:47.000
Oppressive and it should have been a $10 fine. As it relates to pets, if someone has as bringing a pet in every day, you’d have to kind of you know, look at the violation and consider what you wanna do.

00:38:47.000 –> 00:39:01.000
You know, maybe a warning would be the right way to go the first time. If you see the pet again, you know, it’s almost like the, the airplanes, emotional support animals were being allowed until it was abused.

00:39:01.000 –> 00:39:09.000
People were bringing emotional support peacocks onto airplanes. Akin to, associations.

00:39:09.000 –> 00:39:18.000
Yeah, you may wanna. make sure that the pets are tamed and, appropriate at the at the community.

00:39:18.000 –> 00:39:25.000
A lot of associations will say in their governing documents for both owners and tenants.

00:39:25.000 –> 00:39:32.000
They’ll only allow small dogs, up to up to 25 pounds or something of that nature.

00:39:32.000 –> 00:39:53.000
That’s a completely reasonable enforcement of pets. But Yeah, you kind of wanna get into the details and speak with an attorney as you want as it relates to fines and anything of that nature as it relates to dog, usually dogs are being walked, but I guess you could walk.

00:39:53.000 –> 00:40:04.000
A cat or a emotional support peacock or whatever. Dog waste. You can this is actually a developing topic.

00:40:04.000 –> 00:40:15.000
We recently read an article on this, within our firm. Basically that associations Can I hire an expert to pay for DNA test?

00:40:15.000 –> 00:40:23.000
To prove, who was the owner of the pet. And I don’t know what the enforcement would be.

00:40:23.000 –> 00:40:31.000
You obviously can’t sue the pet directly, but, that’s up to you as a community and all seriousness whether you’d want to pay for that.

00:40:31.000 –> 00:40:39.000
I mean it seems like a little excessive but if it’s becoming a a little excessive but if it’s becoming a flagrant issue in communities there is that option to pay for that.

00:40:39.000 –> 00:40:43.000
I mean, it seems like a little excessive, but, if it’s becoming a, a flagrant issue in communities, there is the head option to pay for for DNA testing.

00:40:43.000 –> 00:40:44.000
So thanks Digby for joining us.

00:40:44.000 –> 00:40:59.000
So, so the, final warning is so from a long long time ago, probably 30 years ago at George or a in a ruling on a pet case, in a condominium.

00:40:59.000 –> 00:41:29.000
Said I’m sick and tired of rich people suing over their their pads. And so in the port of case, let’s say you had 2 indoor cats, a California court found after many appeals found that it was perfectly fine to enforce against 2 indoor cats that never left the unit.

00:41:52.000 –> 00:42:03.000
To enforce versus just continuing to find which is not to anything related to the path and the final issue that the Jake had on was the.

00:42:03.000 –> 00:42:30.000
The fact that they the part of the decision just looked at $50. a day and said that it was, unreasonable so they upheld what the trial code had, ruled on.

00:42:30.000 –> 00:42:46.000
And also emotional support animals Could be an exception. So tax year or Charlie whenever a pet case comes out because pets will quickly become emotional support animals.

00:42:46.000 –> 00:42:51.000
Where the size doesn’t matter. The weight restrictions don’t matter. the pat research doesn’t matter.

00:42:51.000 –> 00:43:05.000
And the case of at least Massachusetts. End up with discrimination cases of mass mission against discrimination.

00:43:05.000 –> 00:43:07.000
So be careful.

00:43:07.000 –> 00:43:14.000
Yeah, definitely. All right, next one.

00:43:14.000 –> 00:43:15.000
This is you.

00:43:15.000 –> 00:43:25.000
This me, Jake, are you? Okay, and short term rentals. Ci has a policy that’s, fairly new, but they’ve been discussing it for the last year or 2.

00:43:25.000 –> 00:43:36.000
Which is basically, federal government and state government. Leave us alone. Let us self govern.

00:43:36.000 –> 00:43:45.000
Let us decide whether we want short term rentals or don’t want short term rentals.

00:43:45.000 –> 00:43:57.000
There was a Colorado case, say, we found that Amika is brief on, that basically made only condominiums had to be short term rentals.

00:43:57.000 –> 00:44:10.000
And the cut through that out, which is a good result. But whether you wanna be, if you’re in like a resort area and you want short term rentals.

00:44:10.000 –> 00:44:20.000
Or if you are in a area where, you want longer term rentals so you don’t want transients.

00:44:20.000 –> 00:44:32.000
You don’t want any at bay, that. There should be some self-determination.

00:44:32.000 –> 00:44:41.000
By the board as to what you are and not a governmental mandate.

00:44:41.000 –> 00:44:50.000
Yeah, and yeah, getting into transient. Properties. Yeah, that and condo tells which Condotels are popular in Florida.

00:44:50.000 –> 00:45:14.000
Short term transient, unit owners. We’ve been kind of looking at some lending requirements and sometimes you can be precluded from lending if you Kind of are deemed a condo tel or have trans and residence so something that keep in mind.

00:45:14.000 –> 00:45:18.000
Next question. This is also a. Okay, so the question is what are the best practices as it pertains to electric vehicles?

00:45:18.000 –> 00:45:39.000
You know, with the carbon footprint and people kind of moving to, electric vehicles for either, yeah, electric vehicles for either, yeah, carbon footprint or just price of gas being out of control. Yeah, carbon footprint or just price of gas being out of control.

00:45:39.000 –> 00:45:47.000
This is a growing trend. And again, as Stephen mentioned, as a growing trend. And, and again, as, a growing trend.

00:45:47.000 –> 00:45:52.000
And, again, as, Stephen mentioned, as it related to, CI has a public policy on this as well.

00:45:52.000 –> 00:45:55.000
Again, there’s a push for these. It’s that’s not going away.

00:45:55.000 –> 00:46:08.000
It’s gonna only increase over time. The best practices as it relates to these is 2 fold and 2 fold as as basically.

00:46:08.000 –> 00:46:19.000
For now, but there could be other layers depending on your association if it’s a town home versus single family.

00:46:19.000 –> 00:46:30.000
If it’s a 1 one building complex, this could definitely vary, in the number of parking spaces, if it’s a garage, all types of, issues as it relates to that that could end up.

00:46:30.000 –> 00:46:37.000
Being more nuanced to your particular set of factors. But the best practice is generally as it relates to EVs.

00:46:37.000 –> 00:46:46.000
Is you’re gonna want to decide. Because if you don’t have them already the number of stations you should have in place.

00:46:46.000 –> 00:47:02.000
You should figure out. You know, either it may even be worth bringing in someone to do a study, a parking study, on how many they project or, you know, just do a little bit of, research voting on how many they project or, you know, just do a little bit of, research voting, whatever, and figure

00:47:02.000 –> 00:47:17.000
out. How many stations that you want to allocate towards EV charging stations? And you want to again, if you only have If you have a small kind of garage or whatever, parking area.

00:47:17.000 –> 00:47:26.000
You still want to account for the growing number of these EV vehicles so putting one in maybe good for now But you know, the trend is, moving at a rapid pace.

00:47:26.000 –> 00:47:41.000
So it’s something that you definitely want to keep in mind and think about. And again, and the next factor as it relates to electric vehicles and parking.

00:47:41.000 –> 00:47:50.000
Is How do you charge not literally charge the vehicles, but how do you charge the unit owners? In the association and the best way to do this is equitably.

00:47:50.000 –> 00:48:00.000
To the owners who benefit. That’s probably the best practice, figuring that out again.

00:48:00.000 –> 00:48:13.000
You wanna figure out how many EVs there are who’s gonna be using it how often are they using it you know if it’s if it’s 3 of 10 unit owners that are using the EVs.

00:48:13.000 –> 00:48:27.000
And need a charging station they should be the ones that are charged cost and and this is something that yeah there is legislation going on across the nation.

00:48:27.000 –> 00:48:39.000
As it relates to right to charge laws and then some association is it’s already being put in place in florida Always I had to the current always seems to be at the top of the.

00:48:39.000 –> 00:48:56.000
A statutory requirement. In Florida and they have an EV law that yeah this is a required we’re not required but encouraged to include a number of stations equitably charge the owners.

00:48:56.000 –> 00:49:06.000
And this is important to address now with your board, your owners. The property manager, figure out what you wanna do with charging stations and EVs, for the

00:49:06.000 –> 00:49:25.000
Or also keep in mind that One of your roles is to preserve and enhance values of communities. And I know that there’s a lot of things that kind of minimum documents say you can’t do this.

00:49:25.000 –> 00:49:53.000
You can’t do that. the the, yeah, answer is. Yeah, we used to say probably in the 19 nineties, there, there, oh, these cable companies shouldn’t be coming in here and putting in cable, whereas these days, or the see antennas

00:49:53.000 –> 00:50:03.000
for. There are some things such as charging stations that would be, put you at a disadvantage.

00:50:03.000 –> 00:50:12.000
Not to have whatever apartment bill doing and probably every other condominium has. Which are charging stations of some sort.

00:50:12.000 –> 00:50:18.000
And I don’t care how the costs are up paid but to rule out people with electric electric vehicles is crazy.

00:50:18.000 –> 00:50:31.000
Ia side note is I heard this in passing is that weigh a whole lot more than regular vehicles.

00:50:31.000 –> 00:50:51.000
I’m not sure what that means, but I suppose you should talk to your engineers about it, but keep up with the technology to not be an electric vehicles just because the documents say you can bail them.

00:50:51.000 –> 00:50:58.000
Yep, staying ahead of the curve and a lot of these topics as a point and I would I would suggest addressing it now.

00:50:58.000 –> 00:51:02.000
If you have not already.

00:51:02.000 –> 00:51:04.000
You’re up.

00:51:04.000 –> 00:51:17.000
Rolls Enforcement. How should associations respond? they. Yeah, there’s one thing that with condominium associations.

00:51:17.000 –> 00:51:27.000
Has sort of been eliminated. That work to some degree and a lot of single family subdivisions without covenants.

00:51:27.000 –> 00:51:41.000
And that is if you had a problem. You talk to your neighbor. These days, nobody wants to talk to the neighbor.

00:51:41.000 –> 00:51:48.000
The association takes care of that. We pay these this manager on these boards. All this money a month.

00:51:48.000 –> 00:51:58.000
Let them deal with it. They then report whatever the issue is to the manager and the board.

00:51:58.000 –> 00:52:10.000
The boy says, well, we don’t wanna deal with this. We’re volunteers, but sent it to the attorney and I can tell you guaranteed that for a first violation.

00:52:10.000 –> 00:52:21.000
Let’s say as somebody who just moved into the community doesn’t know anything about the rules and regulations and does something to violate them.

00:52:21.000 –> 00:52:35.000
What would you think their impression of the association and its board and management company. If the first letter they get is a certified letter from an attorney telling him to cease and desist.

00:52:35.000 –> 00:52:48.000
From certain conduct. As it’s the of an emergent, the nature, but, if we’re a packing issue, a pet issue, start with the easy way.

00:52:48.000 –> 00:53:04.000
Consider a due process hearing after that with the unit donor has the right to have an attorney or be heard by the board and to have the board render a decision and then take it from there.

00:53:04.000 –> 00:53:20.000
But, don’t be the association. That causes the advertisements. We see from time to time where.

00:53:20.000 –> 00:53:36.000
Association boards have made fun of. For being too serious about. not allowing. And anything, whereas, Shake sent me a meme yesterday.

00:53:36.000 –> 00:53:42.000
Hopefully I’ll remember it, but it said I got a letter from my, yeah, a condominium association.

00:53:42.000 –> 00:53:57.000
So instead of just doing, what they suggested, which made perfect sense. Instead, I spent the next 5 h.

00:53:57.000 –> 00:54:09.000
Well, reading word for word the condominium documents and then I spent the next 2 days going around the 200 unit complex.

00:54:09.000 –> 00:54:24.000
To find as many violations as I could by other unit owners. everybody has the chill a little bit on, on rules and whatever and make things civil again.

00:54:24.000 –> 00:54:25.000

00:54:25.000 –> 00:54:29.000
I’m not sure that’s gonna happen, but that’s, but I would like it to.

00:54:29.000 –> 00:54:35.000
Yeah, unfortunately things became a little more. Contentious in communities over the pandemic. I think people had nothing better to do.

00:54:35.000 –> 00:54:48.000
Then complain with their, fellow neighbors. So, we hope to bring civility back and yeah, even though we, practice law and we deal with disputes all the time.

00:54:48.000 –> 00:54:56.000
We encourage trying to work it out, you know. Play a game of pickle ball with your neighbor rather than fight them.

00:54:56.000 –> 00:55:06.000
No, that’s a problem because communities. And towns are getting complaints from people saying that pick a ball.

00:55:06.000 –> 00:55:14.000
The sound is to is too much because it’s more than a tennis ball or whatever.

00:55:14.000 –> 00:55:15.000

00:55:15.000 –> 00:55:25.000
So sometimes you just can’t win. I heard yesterday that Pickle Ball was in like 1962.

00:55:25.000 –> 00:55:26.000

00:55:26.000 –> 00:55:33.000
I did not know about it until the pandemic. It’s having me, from across the country.

00:55:33.000 –> 00:55:34.000
Fastest go in in the world.

00:55:34.000 –> 00:55:40.000
And I said, oh, what the hell is this? I was a huge, injuries and not surprisingly on the 60 plus.

00:55:40.000 –> 00:55:55.000
Range because apparently it’s advertised as something that anybody who still has a breath. Kevin, go on in a pickle ball, and just start playing.

00:55:55.000 –> 00:56:06.000
And apparently it’s fraught with injuries because there is. building up to this kind of stuff and stretching and other things that.

00:56:06.000 –> 00:56:07.000
People don’t, don’t think about because they told this is again that anybody can do.

00:56:07.000 –> 00:56:16.000
Sort of like checkers.

00:56:16.000 –> 00:56:19.000
Oh, so.

00:56:19.000 –> 00:56:20.000

00:56:20.000 –> 00:56:25.000
All right, next question. How do you recommend budgeting to include a reserve fund pursuant to ensure adequate reserves.

00:56:25.000 –> 00:56:44.000
This is a very hot topic as I mentioned earlier with roof repairs and legislation going on. Basically, Yeah, reserve requirements are we gonna are gonna become a big thing in community associations.

00:56:44.000 –> 00:57:04.000
You’re gonna be required to or this is my kind of speculation most jurisdictions are gonna require certain reserve accounts certain reserve studies are gonna require certain reserve accounts certain reserve studies certain reserve accounts certain reserve studies be performed and this is an important topic again.

00:57:04.000 –> 00:57:12.000
Pursuing to or based on, what happened in Surfside. Florida. Send it bill for D.

00:57:12.000 –> 00:57:16.000
This requires reserves and this is this is a hard deadline for Florida and a big issue in communities there.

00:57:16.000 –> 00:57:26.000
That associations are grappling with. By the end of 2024. There is certain structural inspection requirements as well as reserve account.

00:57:26.000 –> 00:57:43.000
Reserve study requirements. Other states will likely follow suit maybe not as arduous. But in the foreseeable future we could see.

00:57:43.000 –> 00:57:50.000
This becoming a bigger factor and not only And Matt and then the reason I say adequate reserves on this slide.

00:57:50.000 –> 00:57:59.000
Is Florida Massachusetts general laws section 1 83 a section 10 I is very vague as it comes to reserves.

00:57:59.000 –> 00:58:12.000
The wording is Association shall maintain adequate reserves. What does that equipment mean? A lot more vague than what Florida is gonna require and have a certain.

00:58:12.000 –> 00:58:20.000
Amount of fix to the to the associations. That’s the best thing I would recommend doing now.

00:58:20.000 –> 00:58:29.000
Even if even if Massachusetts has not changed their verbiage or your jurisdiction has not changed their verbiage recommendation would be, best practices.

00:58:29.000 –> 00:58:40.000
Make sure you’re complying with the statutory requirements. That’s number one. Again, that’s, should be just, you know, point blank what you should be doing, but it going above and beyond.

00:58:40.000 –> 00:58:56.000
Conductor is there study. Get a company like reserve advisors. We had, Mitch Frumpkin on previously and he also does reserve studies throughout the nation Conductor is our study.

00:58:56.000 –> 00:59:03.000
Get it done, see where you’re at, see what your projections should be. And kind of go from there.

00:59:03.000 –> 00:59:10.000
Implement a reserve account with proper funding. This is important. This is again adequate reserves. It’s a it’s a term of art rather than science.

00:59:10.000 –> 00:59:20.000
Get proper funding make sure you are adequately reserved and have a have a backup plan have a rainy day fund.

00:59:20.000 –> 00:59:29.000
Consult with expert engineers, architects and the likes. This is just to again, reserve studies go hand in hand.

00:59:29.000 –> 00:59:50.000
A reserve accounts go hand in hand with structural inspections. Especially according to the recent legislation. Consult with an expert engineer architect what have you to see how you’re doing and and on your property Again, hand in hand with that periodic site reviews just to see where you’re at, see what needs to be done.

00:59:50.000 –> 00:59:57.000
See what expenses need to be made now, see what needs to be made in the next few years, see what needs to be made 5 years, 10 years.

00:59:57.000 –> 01:00:06.000
Get these preventive measures and maintenance out of the way. The biggest thing is it seems like a rainy day fund and you may say to yourself, Why am I dealing?

01:00:06.000 –> 01:00:22.000
Why are you dealing with, something down the road? It’s like the green banana, You even if you’re like everyone has a different time horizon how long they envision being at a community.

01:00:22.000 –> 01:00:28.000
Everyone should be focused on making sure this is is complied with because it’s gonna be important whether you’re living there today or 20 years from now.

01:00:28.000 –> 01:00:39.000
Just make sure you get it done. Make sure you’re doing the reserve studies. Make sure you’re complying with the law.

01:00:39.000 –> 01:00:44.000
Big big hot topic in our in our world right now.

01:00:44.000 –> 01:01:02.000
And it looks like, as of 2 days ago, it looks like Fanny May. Is going from a temporary to permanent on the lender question is and questions about the structural integrity of the bell line.

01:01:02.000 –> 01:01:08.000
So things are gonna get tougher before they get easier. Jacob, if I could answer.

01:01:08.000 –> 01:01:14.000
A final question was actually in chat. But it was asked a couple of times. I believe I was in person.

01:01:14.000 –> 01:01:18.000
The first one was reasonable management feed to produce a 60 certificate. I don’t know.

01:01:18.000 –> 01:01:36.000
There are managers charging $10 $50 but the tricky part is that, usually it’s not just a $60, $50. But the tricky part is that, usually it’s not just a 60 certificate.

01:01:36.000 –> 01:01:44.000
They’re also asking for the condominium documents, the insurance policy. For the manager to fill out a l of questionnaire that then has to be reviewed by the associations attorney.

01:01:44.000 –> 01:02:01.000
If we’re only a 60 certificate for law says in Massachusetts you can charge a reasonable cost for that certificate stating if they’re run any yet unpaid common charges.

01:02:01.000 –> 01:02:12.000
But typically it’s these bundle of documents that land there is more and more need and.

01:02:12.000 –> 01:02:32.000
A fee of $250 for the condominium documents the time on the London questionnaire and then legal phase for an attorney to review the question they had to keep the association out of trouble.

01:02:32.000 –> 01:02:49.000
Things have gotten much more complex. So I know. I don’t know the facts. But so that’s a broad brush answer that I don’t know how much it should be charged for a 60.

01:02:49.000 –> 01:02:56.000
So the other question is how long to pick. Something with any unit or something in the common areas.

01:02:56.000 –> 01:03:10.000
I think it would be whatever reasonable time would be. And if it’s not done, you could go on to, you used to go into this file, put a small claims cut.

01:03:10.000 –> 01:03:30.000
While you could go and get and get a injunction to require the board to do it or to say that you’ll just take the repair and reduce it from common areas that you wanted to judge to say that because that’s not typical.

01:03:30.000 –> 01:03:44.000
But those questions would require, more than an hour of time to, to, to this, to discuss, but I wanted to, hear that sense.

01:03:44.000 –> 01:03:51.000
Different. Different ways and it’s ties into a question on unit on this request and a lot of documentation, they back 30 years to where the condominium was formed.

01:03:51.000 –> 01:04:02.000
Do we have to provide our less? Do we have to provide our less? Do we have to provide our less?

01:04:02.000 –> 01:04:16.000
The law in that Massachusetts is that the association has to maintain records for 7 years. But it is not, it is not typically a reasonable request for every record over a period of 7 years.

01:04:16.000 –> 01:04:17.000
For every record over a period of 7 years, the associations can charge a photocopying phase of 7 years.

01:04:17.000 –> 01:04:36.000
The associations can charge a photocopying phase and there’s a good likelihood that they could charge a administrative fee for the time they spend with the unit on not who’s going through the records. I think we’re, I think we’re past that time.

01:04:36.000 –> 01:04:42.000
So as Jake said, Oh, we’re gonna answer if Jake stays both the chat in the QA.

01:04:42.000 –> 01:04:57.000
We’re gonna answer, all of the questions that we didn’t get to and other questions that we didn’t get to and other questions that we didn’t get to and other questions that we didn’t get to and other questions from the PowerPoint slide and we’ll send you the PowerPoint slide and those answers

01:04:57.000 –> 01:04:59.000
most likely sometime next week.

01:04:59.000 –> 01:05:08.000
Let’s get into one talk. We’re just gonna discuss one topic briefly. And this has to do,

01:05:08.000 –> 01:05:19.000
2 questions that came. Came in. One, explain what condominium private property means as it relates to OSHA, compliance.

01:05:19.000 –> 01:05:34.000
We have issues with, painting of bright yellow on stairs, safety posts, sewer drains.

01:05:34.000 –> 01:05:41.000
Yeah, and do the rules apply definitely for townhouse versus garden style. Stephen, do you wanna? Take this.

01:05:41.000 –> 01:05:48.000
I, yeah, I have, hey, I was wondering what did you say?

01:05:48.000 –> 01:05:50.000
Do you wanna take this one?

01:05:50.000 –> 01:05:54.000
Where no, tell me what’s the question.

01:05:54.000 –> 01:05:58.000
It’s explain what condominium private property means in terms of hearing to OSHA.

01:05:58.000 –> 01:06:01.000

01:06:01.000 –> 01:06:13.000
FH, other government entities. Cause there’s someone at the property and a board member who is insisting on, painting.

01:06:13.000 –> 01:06:19.000
Everything bright yellow and bright colors. The, the safe post stared edges, sewer drains.

01:06:19.000 –> 01:06:33.000
Alright, alright. Okay, there’s a couple of things that I took, from that question.

01:06:33.000 –> 01:06:34.000

01:06:34.000 –> 01:06:47.000
One was. That they were saying that the fire department was requiring that the area with the be painted fire line I would double check to make sure that the prior chief requested that, but or that they gonna do it.

01:06:47.000 –> 01:06:58.000
I would think it would be foolish. To if it’s verified that the fire department wants the fire lane clearly mocked so it can get to people in the event of an emergency.

01:06:58.000 –> 01:07:15.000
That you want to comply with what they say because what if you don’t? And the ambulance of higher tracks cannot get to a clear area.

01:07:15.000 –> 01:07:33.000
Because you didn’t meet their requirements on the other requirements. Not the government. So their guidelines are only guidelines if you wanna for banks that wanna sell loans to them.

01:07:33.000 –> 01:07:45.000
So when you read something, that’s all Fanny may requires this or that. There are things such as the 10% so the side for reserves that just makes perfect sense.

01:07:45.000 –> 01:07:58.000
But those are not mandates, in terms of OSHER and, and other fire suppression systems and things like that.

01:07:58.000 –> 01:08:16.000
Those likely that I am mandated. The the the housing amendments act. That added protections for the disabled.

01:08:16.000 –> 01:08:38.000
And for, and based on age, as the FEMALE all status and handicap, but also the.

01:08:38.000 –> 01:08:43.000
Status and handicap, but also the house and handicap, but also the houseling for all status and handicap but also the hustling for all of the persons active.

01:08:43.000 –> 01:08:46.000
1955 has, I’ve got, for all of the persons active.

01:08:46.000 –> 01:08:55.000
1955 has, I’ve got, housing for all the part of 1995, holds out for, housing for all the part of 1995 holds out for requirements for 55 and all the community So.

01:08:55.000 –> 01:09:02.000
On anything that somebody’s saying, oh gee, I have to paint everything yellow. Maybe it’s somebody from Coldplay, Chris Martin.

01:09:02.000 –> 01:09:32.000
I’d be very suspect. Oh, that just sounds like somebody’s saying, well, the answer is, squat down and walk around like the check on, make sure that, what is being cited as for you to do really exists as a obligation and once you determine that it is

01:09:33.000 –> 01:09:38.000
required. if it’s not mandatory, or speak to your attorney to see whether it is, do it.

01:09:38.000 –> 01:10:00.000
If nobody has any citations saying that everything has to be painted yellow. Then, you don’t do it, but it seems like one owner or one board member is saying this.

01:10:00.000 –> 01:10:18.000
And what I didn’t read was that anybody checked it out to see if these requirements. Or real and I’d go to the extra step because this is areas of having the Associations Council.

01:10:18.000 –> 01:10:28.000
Speaking to the association’s council to see what you’re required to do and what you aren’t required to do and which of these laws apply to you.

01:10:28.000 –> 01:10:46.000
And again, as I said, if any man, Freddie Mac, or not the government, they just have guidelines if you want your loans for sales and refinances in your association to be bought by them.

01:10:46.000 –> 01:10:47.000
Okay, we past that time, Jake. Good.

01:10:47.000 –> 01:10:49.000
Alrighty. So. Yeah, thanks everyone for joining. Again, it’s our first presentation.

01:10:49.000 –> 01:11:02.000
Past July fourth. So kind of a busy month, summer, summer, dog days of summer. We do want to tease our next presentations coming up.

01:11:02.000 –> 01:11:09.000
Popular topics coming up, soon. That we kind of touched on a bit today, but we’ll get way more in depth.

01:11:09.000 –> 01:11:16.000
August, Japanese not we didn’t invasive species. This is a very hot topic. You may not even know what Japanese not wheat is.

01:11:16.000 –> 01:11:19.000
You will know a lot about it in August. You will know a lot about it in August if you come to my presentation.

01:11:19.000 –> 01:11:28.000
September security on the premises we touched on the fields case in Boston We’re gonna touch on it a lot more in September.

01:11:28.000 –> 01:11:34.000
Come here in September. Stephen’s birthday month. October, my birthday month, electric vehicles and parking.

01:11:34.000 –> 01:11:44.000
Again, we talked about it a little bit today. We’re gonna absolutely get into every detail that you would wanna know under the sun in October.

01:11:44.000 –> 01:11:50.000
As it relates to associations. So we look forward to seeing you then. And, have a good weekend.

01:11:50.000 –> 01:11:52.000
And thank you for attending.

01:11:52.000 –> 01:12:01.000
Hey, I’d also say that if you have topics that you would like to have us address as a main topic for a.

01:12:01.000 –> 01:12:20.000
Particular month. Let us know my email and Jake’s email is there and would like to hear as to, this, 6 one, these webinars helpful, not helpful.

01:12:20.000 –> 01:12:33.000
Are they too basic? Are they to advanced and to get, how we doing and he can be brutally honest.

01:12:33.000 –> 01:12:37.000
But thank you for joining. Have a great weekend.

01:12:37.000 –> 01:12:47.000
Hi everyone.

01:12:47.000 –> 01:12:48.000

01:12:48.000 –> 01:12:51.000
Hey Jake, is everybody gone? Okay, maybe stop the recording.

01:12:51.000 –> 01:12:52.000
Yeah, I’m trying to hold on.

01:12:52.000 –> 01:12:56.000
Oh, here we go


Share this article
Share this article