Community Associations Institute - New England Chapter  
  CAI National Website
   
   
 
Member Resources
About CAI-NE
Program & Event Overview
Industry News & Forms
Sponsorship & Advertising
Why Join CAI-NE
Helpful Resources
Career Center
Media Magazine
Legislative Update

Video: This is CAI

M-100 - The Essentials of Community Association Management
March 30 2017  - April 1 2017
(Natick, MA)
CAI-NE Board Meeting
April 4 2017  - April 4 2017
()
Condo Media Board Meeting
April 4 2017  - April 4 2017
()
RI - Condo Forum & Expo
April 5 2017  - April 5 2017
(Radisson Hotel Providence Airport)
Condo Media
 
 

 
 

Chipping Away at Health
By: Nena Groskind

Environmental Hazards Create Maintenance Obligations and Liability Risks for Condo Associations

Other Feature Articles:

  • Tripped Up
  • Casting a Vote, Counting It Twice?
  • Everything Changes

Join today to read more... Continue >

Recent Articles

 
Changing the Rules

Question: Can a new board rescind or revise a policy adopted by a previous board?

Answer: As long as you’re talking about “garden variety rules” enacted by the board, and not bylaws or covenants, which must be approved by owners, the answer is yes, Ellen Shapiro, a partner in Goodman, Shapiro & Lombardi, LLC, responds. But the critical question, she says, is not whether the new board can revise existing rules, but whether it should. “Not whether the board has the authority to revise the rules, but whether that is a good thing to do?”
If the new board members were elected because they promised to eliminate policies owners didn’t like, Shapiro says, “they should do what they promised to do. Otherwise, their credibility with owners, and their ability to govern, will be undermined.”
But absent a political justification for the change, Shapiro says, new board members should look at the rules as they would had they been in office for years. “They should consider whether changes are needed and why.”
If the rules haven’t been reviewed in a long time, if some rules are obsolete, if they aren’t being enforced (because owners are ignoring them) or if the community’s demographics and its concerns have changed – all are good reasons for revising or eliminating them, Shapiro says. A desire to erase anything with the old board’s stamp on it, on the other hand, is not.
Targeting a rule because it applies negatively to one or more board members also would not qualify as “good governance” in her view. “That’s not what being on the board is about,” she says. “The board has a fiduciary duty to protect the interests of the association as a whole,” she emphasizes. “Owners who are looking to pursue a personal agenda shouldn’t have run for the board in the first place.”

 
 

▪ Common Area Maintenance
▪ Trash/Snow Removal
▪ Water Restoration
▪ 24 -Hour Answering Service
 
 

Representing Over 2,800
Condominium Associations
One Association at a Time
 
 
   

Your One-Source Solution for
Property Maintenance and
Improvements

▪ Expert Advice
▪ Cyclical Maintenance
▪ Capital Improvement Projects

 
  © Copyright 2004, Community Associations Institute (CAI). All rights reserved.
Usage Restrictions
Web Site users may not copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material
from the Web Site without express written permission of the CAI New England Chapter.
 
 

Brookline Bank is locally based and has a history of providing a high level of personalized service to condominium associations, management companies and other real estate-related organizations.

We are long-standing members of CAI-New England and have the capabilities and experience to deliver a broad range of financing, deposit, and cash management solutions to your association.

 
 

Dedicated to the practice of Real Estate and Condominium Law for over 30 years.

Concentrating in condominium and real estate law in MA and RI.

The Right Attorneys to Call Before the Wrong Thing Happens.

 
 

When it comes to representing condominium associations, we do it all…

 ▪ Drafting and amending condominium documents
 ▪ Handling collections
 ▪ Dealing with developer transition issues
 ▪ Negotiating and reviewing contracts
 ▪ Handling association bank loans
 ▪ Land acquisition and disposition transactions
 ▪ Representing associations as plaintiffs and defendants in all manner of legal actions
 
 


A Commitment to Your Success

One of the leading firms concentrating in all facets of condominium and real estate law

Built upon meeting the daily and long-term goals of our many satisfied clients