t:(978)496-2000 f:(978)496-2002 Our Blog Home Practice Areas Our Team Events Publications Resources Contact Us The Surfside Condominium Collapse The Ripple Effect Written by Sanford Johnson Created: 15 November 2021 Written by Charles A. Perkins, Esquire On June 22, 2021, a portion of the Champlain Tower South in Surfside, Florida, collapsed and caused substantial destruction, loss of life and was a tragedy that impacted hundreds of people. This event has galvanized leaders across the nation including lawmakers and members of the condominium industry and has brought to the forefront the need to reevaluate certain practices to implement changes to help prevent a tragedy like this from occurring again. Community Association Institute (CAI) published the Condominium Safety Public Policy Report in October 2021.[1] This publication by CAI is a must read for all those in the condominium industry. There are many individuals and groups who contributed their insight and recommendations to this report which could lead to substantial changes in the way condominiums operate throughout the country. An example of the topics discussed in this report include the following: Mandatory reserve studies during the pre-construction, active construction, and post-construction phases. It is recommended that these studies be performed by a reserve specialist or other qualified individual. The authority for a board to fund projects for safety improvements without a vote of the unit owners. Mandatory building inspections with a structural engineer over definitive time periods. The requirement that mortgage holders inquire about building issues and that a question about deferred maintenance and other disclosures be included in the uniform questionnaire. Examples include issues concerning maintenance effecting safety, soundness, and structural integrity of the condominium. Mandate disclosure to new purchasers of reserve studies and reserve plans. This is just the beginning of topics being discussed on the local and national level and will undoubtedly have an impact on how boards and community associations operate in the future. We will continue to monitor this topic and provide an update of any changes. [1] A complete version of this report is located at https://www.caionline.org/HomeownerLeaders/DisasterResources/Documents/CAI.pdf 0 Comments The New England Condominium Expo is Happening – Join P&A for an Individual Consultation Written by Sanford Johnson Created: 30 September 2021 Saturday, October 23, 2021 is the date for the next learning opportunity for condominium board members, property managers and unit owners. Numerous exhibitors will have their wares and services on display including roofers, accountants, pest control experts and contractors of all types. Perkins & Anctil’s attorneys will be scheduling short consultations during the day for those who sign up before the event. Interested parties should email Perkins & Anctil at panctil@perkinslawpc.com with their name, company name and address for complimentary admission to the Expo, no later than October 18th, 2021. 0 Comments Disaster Equity Assistance Act Introduced in the U.S. House Written by Sanford Johnson Created: 28 September 2021 Senior Partner Charlie Perkins is interested in sharing this press release from the Community Associations Institute regarding the current disaster assistance bill in the House of Representatives: Bipartisan Legislation Expands Access to FEMA Disaster Assistance to Community Associations Falls Church, VA, Sept. 21, 2021—Today, Community Associations Institute (CAI) applauds Representative David Rouzer (R-NC) for co-sponsoring the Disaster Assistance Equity Act (H.R. 5298) with Representative Jerrold Nadler (D-NY); a show of bipartisanship that is rarely seen in today’s politics. John Garamendi (D-CA), Andrew Garbarino (R-NY), Nancy Mace (R-SC), Paul Ruiz (D-CA), Debbie Wasserman-Schultz (D-FL), and Lee Zeldin (R-NY) are additional cosponsors on the bill. Currently, Federal Emergency Management Agency (FEMA) inconsistently interprets regulations in a way that prohibits community associations, commonly referred to as condominiums, homeowners associations, and housing cooperatives from qualifying for federal disaster response and recovery programs. The Disaster Assistance Equity Act will allow FEMA's Public Assistance Program to reimburse costs related to disaster debris removal from community association roads and waterways and allow FEMA's Individuals and Households Assistance Program to provide assistance to condominium unit homeowners for critical common element repairs after a natural disaster. “In the aftermath of Superstorm Sandy, thousands of New Yorkers and other Americans were shocked to learn that FEMA's eligibility rules left them with no way of restoring their homes simply because they shared walls and floors with neighbors and lived in a homeowners’ association," said Representative Nadler. The bipartisan support is indicative of how this issue impacts so many Americans that have dealt with a natural disaster. In a Congressional briefing, CAI’s chair of the Government and Public Affairs committee Peter Kristian, CMCA, LSM, PCAM, general manager of Hilton Head Plantation in South Carolina explained that bill is not only for coastal communities hit by hurricanes, but also interior states that experience mudslides, fires, and tornados. He remarked that “Everyone across the entire United States can potentially be affected by one of these types of natural disasters.” “As severe summer storms, wildfires, and hurricanes plague the lives of Americans across the country, the devastation highlights the inequities of the federal disaster recovery system for the 74 million people living in condominiums, homeowners’ associations, and housing cooperatives,” said Thomas M. Skiba, CAE, Community Association’s Institute’s (CAI) chief executive officer. “After a disaster, these communities deserve federal support. We applaud Chairman Nadler and the bipartisan sponsors of this important legislation.” 0 Comments Federal Efforts Boost Disaster Assistance for Community Associations Written by Sanford Johnson Created: 30 April 2021 The following was written by C. Scott Canady, originally posted the Community Associations Institute Advocacy Blog (www.advocacy.caionline.org/) and is recommended reading by Attorney Charlie Perkins: Anyone who has lived in or worked with community associations knows that planning and preparation for natural disasters matters. That is why it is encouraging to see policymakers in Washington, D.C., take steps to make disaster recovery less complicated for common interest communities. 0 Comments Read more: Federal Efforts Boost Disaster Assistance for Community Associations The American Rescue Plan Act Includes Pandemic Relief for Condominium Unit Owners Written by Sanford Johnson Created: 02 April 2021 The following was written by Dawn Bauman, Senior Vice President, Government & Public Affairs at the Community Associations Institute and is recommended reading by our Senior Partner Charlie Perkins: One of the challenging factors of the COVID-19 pandemic is the economic impact on individual residents in community associations. As homeowners become unable to fulfill their financial obligation of paying assessments, they will require direct access to resources that can provide relief. The American Rescue Plan Act passed by Congress and signed into law on March 11 includes the Homeowner Assistance Fund to help Americans avoid foreclosure and stay in their homes. CAI is very pleased to report that our advocacy efforts have paid off, as homeowners association assessments fall under eligible housing expenses when applying for the fund. 0 Comments Read more: The American Rescue Plan Act Includes Pandemic Relief for Condominium Unit Owners COVID-19 Updates: Re-Opening Massachusetts and CDC Vaccination Recommendations Written by Sanford Johnson Created: 17 March 2021 Summary by: Jessica E. Molignano, Esq. Wednesday, March 10, 2021 marked the one-year anniversary of the COVID-19 State of Emergency in Massachusetts. Although it has certainly been a long year, recent milestones are indicating that we are taking positives steps towards the “new normal.” The purpose of this article is to provide a summary of recent changes, such as the progression in the state’s reopening plan and recently released CDC guidelines for those who are fully vaccinated. Re-Opening Massachusetts With public health metrics continuing to trend in a positive direction, the Baker-Polito Administration have announced plans for continued reopening. Beginning on March 1, 2021, the Commonwealth returned to Step 2 of Phase III, pursuant to the four-phased plan to reopen the economy released by the Baker-Polito Administration in May, 2020. 0 Comments Read more: COVID-19 Updates: Re-Opening Massachusetts and CDC Vaccination Recommendations Survey Said! Written by Sanford Johnson Created: 20 January 2021 By: Scott J. Eriksen, Esq. Once again, we want to thank all of you who took the time to participate in our recent survey regarding the impact of COVID-19 at your communities. This year has been incredibly challenging as the pandemic has forced all of us – including community associations and managers – to change the way we operate. It is evident that the health and safety of residents has been the foremost thought of our community association clients and managers this year, and that guiding principle is reflected in the responses that we received from all of you. We have been impressed with the determined efforts that our board and manager contacts have demonstrated, in face of the hurdles imposed by COVID, to keep their communities operating, to make necessary repairs, and to maintain community spirit and involvement. 0 Comments Read more: Survey Said! UPDATE ON THE STATUS OF EVICTION PROCEEDINGS IN MASSACHUSETTS Written by Sanford Johnson Created: 13 January 2021 Summary by: Jessica E. Molignano, Esq. Massachusetts’ temporary moratorium on non-essential evictions and foreclosures established by Chapter 65 of the Acts of 2020, an Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency, expired on October 17, 2020. However, since the expiration, many landlords and tenants alike remain unsure of how to maneuver through the evictions process. The purpose of this article is to provide some clarity on this process. 0 Comments Read more: UPDATE ON THE STATUS OF EVICTION PROCEEDINGS IN MASSACHUSETTS A COVID-19 Vaccine! Now What Happens at Work? Written by Sanford Johnson Created: 06 January 2021 By Kimberly A. Alley, Esq. The first doses of the COVID-19 vaccines are being administered. So – what happens now at work? Are employees required to vaccinate? What if a co-worker refuses to vaccinate? What if my religion prohibits vaccinations? In response to these and other looming questions, the federal government recently issued guidance and gave the green light for employers to require immunization for most workers. Employers may also require proof that an employee was vaccinated. 0 Comments Read more: A COVID-19 Vaccine! Now What Happens at Work? Can a Mortgage Servicer be Sued by a Borrower for Breach of Contract? Written by Sanford Johnson Created: 30 December 2020 Summary by: David R. Chenelle, Esq. The short answer is “No”, and was answered by the U.S. Bankruptcy Court, District of Massachusetts. The facts of this case began in 2003 when Kimmy Jackson (“Jackson”) bought her condominium unit. A few years after her purchase her financial troubles began, resulting in the foreclosure of her unit in 2008. After filing several bankruptcy petitions and complaints against various lenders and servicers, and eventually getting her unit deeded back to her, Jackson now has one case pending in the First Circuit Court of Appeals and one that has just been resolved. It is the second of these two which is the subject of this article. 0 Comments Read more: Can a Mortgage Servicer be Sued by a Borrower for Breach of Contract? CAI Hall of Famer Charlie Perkins Requests Readers’ Support for Massachusetts House Bill 4605 Written by Sanford Johnson Created: 21 December 2020 The following is from an email received by Attorney Perkins from the Community Associations Institute Massachusetts Legislative Action Committee: Please help the Massachusetts Community Associations Institute Legislative Action Committee get a bill (H. 4605) that provides protection for condominium unit owners passed before the end of the legislative sessions on December 31, 2020! 0 Comments Read more: CAI Hall of Famer Charlie Perkins Requests Readers’ Support for Massachusetts House Bill 4605 COVID-19 Survey compiled by Attorney Scott Eriksen Written by Sanford Johnson Created: 25 November 2020 The year 2020 has been, and likely will forever be, defined by the global pandemic that has impacted all of us in some way over the past nine months. The pandemic has taken (and, as of this writing, continues to take) a severe toll on human life, activity and productivity. There is a light at the end of the tunnel now: as this is being written, three strong vaccine candidates appear near production, and treatment has come a long way since March. Unfortunately, we are not yet out of the woods, though, and as we look back and forward, we've been thinking about the impact that COVID-19 has had on our community association clients this year. How many communities closed (and perhaps have not yet reopened) common amenities, were unable to host meetings or social functions, or had to shut-down or delay planned repairs or other work. In a lot of ways, COVID-19 has brought about changes that we expect will linger beyond the virus: electronic meetings, voting by ballot, increased common area sanitation measures, etc. In this latest installment of our survey series, we would like to hear from all of you about how COVID-19 has impacted your communities. In the past, we've been very impressed with the level of participation in these surveys, and hope that you will once again take the time to provide your input on this session's important topic. For almost all of this, navigating the challenges associated with the pandemic has felt like sailing in uncharted water, but we've all learned lessons from this and we hope that we can use this information to share some of the best practices for how to get through the coming months and how to plan for the future. Thank you in advance for your participation! To take the survey, navigate to the URL below: http://survey.constantcontact.com/survey/a07ehf34q5ykhp28rxc/a01fbkhxjdnrd/greeting 0 Comments Perkins and Anctil is Proud to Welcome our Newest Team Member Written by Sanford Johnson Created: 18 November 2020 Perkins & Anctil, P.C. is very pleased to announce the newest member of its legal team, Jessica Molignano, Esq. Jessica is a graduate of Merrimack College and Massachusetts School of Law, and brings considerable and diverse experience to her role as a member of our Condominium, Litigation and Real Estate practice team. Her prior professional roles include serving as in-house attorney for American Tower and, previously, an Assistant Vice President of Strategy and Planning at Merrimack College, in North Andover, Massachusetts. Jessica was also previously an adjunct faculty member at Merrimack College’s Girard School of Business and School of Health Sciences. Her experience includes a considerable background in operations, project management and development, and property management. She also previously interned with the Massachusetts Housing Court in Worcester. Jessica is a member of the Massachusetts Bar Association, Greater Lawrence Family Health Center, Business Leaders Network and serves on the Board of Directors for the Community Giving Tree. We are honored to have Jessica join us, and believe she will be a considerable asset to all our clients. 0 Comments The COVID-19 Pandemic, the Resulting Stress Among Community Association Residents and a Coping Strategy Written by Sanford Johnson Created: 13 November 2020 Senior Partner Charlie Perkins would like readers to know the Community Associations Institute’s thoughts on dealing with the Coronavirus so he has forwarded the article below by Daniel Brannigan, CAI’s Director of Publishing and Managing Editor of Common Ground Magazine: The COVID-19 pandemic, resulting economic recession, protests for racial and cultural equality, an incredibly divisive election cycle, wildfires, hurricanes, and more have made 2020 one of the most difficult and stressful years ever. For community association board members and managers, all of these events have made a tough job even tougher. Homeowners have put more pressure than usual on community association leadership, questioning every decision, and voicing their complaints and frustrations as they spend more time at home. 0 Comments Read more: The COVID-19 Pandemic, the Resulting Stress Among Community Association Residents and a Coping... Veterans’ Day Salute Written by Sanford Johnson Created: 11 November 2020 Perkins & Anctil thanks all veterans for their service to our country. We recognize the sacrifices made by you and your families. Thank you! 0 Comments GOVERNOR BAKER’S EVICTION DIVERSION INITIATIVE TO PROVIDE EXPANDED Written by Sanford Johnson Created: 20 October 2020 Summary by: Robert W. Anctil, Esq. On Monday, October 12, 2020, Governor Charlie Baker announced a $171 million package of programs which will support tenants and landlords facing financial challenges caused by the COVD-19 pandemic. The main goal is to keep tenants in their homes while also supporting the ongoing expenses for landlords. The Eviction Diversion Initiative comes in anticipation of, and in preparation for, the end of the eviction and foreclosure moratorium which expired on October 17, 2020. 0 Comments Read more: GOVERNOR BAKER’S EVICTION DIVERSION INITIATIVE TO PROVIDE EXPANDED Suffolk Superior Court Rules in Favor of Electronic Voting Written by Sanford Johnson Created: 14 October 2020 COVID-19 has altered our daily routines in many ways. It has also changed the way community associations attend to certain matters such as conducting meetings, campaigning and voting. Necessity has prompted a change in operations, and now Zoom™ meetings, as well as the use of designated proxies and electronic voting are becoming more common. Support for these platforms and alternative operations is growing, as evidenced by a recent decision of the Suffolk Superior Court. Prior to the pandemic, a condominium in greater Boston chose to utilize electronic voting as an alternative to paper ballots for the election of its board members. Utilizing a link to an online ballot sent by e-mail or a tablet provided in the lobby of the condominium and at the annual meeting itself, this association experienced an unprecedented rate of participation at its annual meeting. 0 Comments Read more: Suffolk Superior Court Rules in Favor of Electronic Voting Community Associations Institute Weighs in on Mortgage Regulation Changes Amid the Pandemic Written by Sanford Johnson Created: 25 September 2020 Senior Partner Charlie Perkins was interested in the paradoxes laid out in a recent CAI blog post. In it, the author points out that, while we are coping with a crippling pandemic and economic recession, we have also seen double digit increases in home sales and mortgage lending. Theories abound as to why this may be but CAI is focused on potential changes to federal mortgage rules resulting from the increase. In one instance, CAI would like to preserve safety regulations that allow lenders to verify a potential borrower’s ability to afford community association fees; and in another, CAI would like to do away with certain Federal Housing Authority-required questionnaires and thereby limit association liability when gathering information. The Community Associations Institute urges FHA and the Consumer Financial Protection Bureau to “partner” with community associations in order to assist residents in keeping their homes. To read the entire blog post, click over to: https://advocacy.caionline.org/ 0 Comments Perkins and Anctil is happy to welcome paralegal secretary Maria Hearne to our team Written by Sanford Johnson Created: 19 August 2020 Her biographical blurb is as follows: “I bring 20 years of experience in Debt Collection and Creditor’s Rights. Prior to joining Perkins & Anctil, I worked for the top 3 Debt Collection Law Firms in Massachusetts working litigation matters for the States of Nebraska, Iowa, New Hampshire, Vermont, Rhode Island, and Massachusetts. I hold a Paralegal Certificate from the University of Massachusetts (Lowell). I am a Notary Public and I am proficient in the Spanish language. I am the spouse of a United States Air Force Veteran and I live in Westminster with my husband Chris, my daughter Sofia and my son Daniel. In my spare time, I love to travel and spend time with my family, friends and my Lab named Moose.” Welcome Maria! 0 Comments TESTING THE WATERS – IS IT SAFE TO REOPEN COMMON FACILITIES? Written by Sanford Johnson Created: 17 June 2020 As businesses and communities transition into phased re-openings, we know that our community associations and manager clients will have many questions surrounding what to do with amenities this season. While nobody wants unhappy residents, boards and property managers must be mindful of the best interest of the community as a whole. Further, those communities that do wish to open amenities such as pools, recreational facilities and clubhouses this season will need to be familiar with a host of applicable regulations and guidelines with which they must comply. Join our partner Scott Eriksen this Thursday, June 18th from 2:00p.m.- 3:30p.m. for a CAI webinar about re-opening in the State of New Hampshire. Registration is required and is available at the following website: https://www.caine.org/nh-navigating-webinars-registration-page-6-4-20/ As always, we look forward to assisting you and hope you can attend this timely webinar. 0 Comments Attorney Charlie Perkins is Recognized by the Community Associations Institute Land Court Provides Guidelines for Submitting Documents During COVID-19 Outbreak Massachusetts Attorney General’s Moratorium on Collections is Deemed Unconstitutional CONDOMINIUM AND HOMEOWNERS ASSOCIATIONS EXPECT SPIKE IN ASSESSMENT DELINQUENCIES AS A RESULT OF COVID-19 Page 1 of 13 Start Prev 1 2 3 4 5 6 7 8 9 10 Next End Blog Archive ▼ 2021 (9) ▼ November (1) • The Surfside Condominium Collapse The Ripple Effect ► September (2) ► April (2) ► March (1) ► January (3) ► 2020 (30) ► 2019 (30) ► 2018 (12) ► 2017 (22) ► 2016 (47) © 2021 Perkins & Anctil, P.C. Disclaimer Design by Smudged Graphics