Page 8 - CooperatorNews July 2021

8 COOPERATORNEWS —
JUNE 2021
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With respect to condominiums, he says,
“One of the more interesting ones is House
Bill 1501, ‘An act relative to construction
defect claims by condominium owners,’”—
a bill being proposed by CAI-NE’s Legis-
lative Action Committee. Gaines explains
that Massachusetts has a statute of limita-
tions for defect claims against a developer,
giving unit owners a certain number of
years to sue for any construction problems.
However, what ends up happening is that
the statute of limitations expires either be-
fore completion of the project—especially
if it is one that is phased out over many
years—or before the developer has ceded
control of the board, leaving no remedy for
unit owners who suff er original construc-
tion defects.
“So this bill would kind of deal with that
problem,” says Gaines, “and basically says
that, for condominiums, the statute of limi-
tations doesn’t even start to run until the
developer does, in fact, turn over control
[of the board] to the unit owners—that will
hopefully enable unit owners, if there is a
problem, to be able to recover something
from the developer for that problem.”
Attorney David Ramsey of the Morris-
town, New Jersey offi ce of law fi rm Becker
& Poliakoff tells
CooperatorNews
that a
similar bill is being proposed in the Gar-
den State. Senate Bill 3649 would adjust the
statute of limitations on damage claims for
construction defects in a condominium,
cooperative, or other planned community
development to begin running at the time
of the transition from developer control,
instead of at substantial completion of the
project.
Electric Vehicle Charging Stations
Another bill that has echoes in Massachu-
setts and New Jersey legislatures relates to
electric vehicle charging stations. Massachu-
setts House Bill 3425, says Gaines, “says that a
condominium may not prohibit or unreason-
ably restrict a unit owner from installing an
electric vehicle charging station in his park-
ing space.” Similar legislation has been passed
in Boston, he says, but this law would apply
statewide.
Th ere is concern, however, that the prac-
tical application of this law would be prob-
lematic in many condominiums. Connecting
any parking space to electricity regardless of
its proximity to existing wiring is one issue.
Th e infrastructure required to supply wiring
to a certain spot, such as running a trench
from the building envelope to the site of the
parking space, might be cost-prohibitive.
“And then,” Gaines points out, “one owner
does it and then three months later another
owner wants it, then you have to run the
trench again.” So while the spirit of this bill
is important, notes Gaines, “having a law that
mandates that you can’t stop these [electronic
charging stations] from coming in seems a
bit harsh right now, at least initially until con-
dominiums can sort it out themselves.”
Perhaps New Jersey’s A3367, which went
into eff ect at the end of last year, addresses
this issue more moderately. Ramsey ex-
plains that the law provides for “reasonable
requirements” for the installation of electric
vehicle charging stations by owners in com-
mon interest communities. Acknowledging
that the demand, needs, and types of vehicles
requiring electric charging will only expand,
Ramsey notes that dealing with such provi-
sions now is easier than playing catch-up
down the road.
LEGAL & LEGISLATIVE...
continued from page 7
“I think both title
policies and lenders
are going to want the
affi rmative consent.
And the board might
refuse to issue that
affi rmative consent. So
then where are we?”
—Margery Weinstein
Kill Bill
In Nevada, a number of bills of concern
to community and homeowners associa-
tions “died” before reaching Governor Steve
Sisolak’s desk. Th is is good news for unit
owners and boards who feared the fi nancial
ramifi cations of the proposed laws, suggests
Barbara Holland, certifi ed property manager
and columnist for the
Las Vegas Review-Jour-
nal.
Among these are Senate Bill 144, which
would have eliminated non-judicial foreclo-
sure, required assessment increases to be ap-
proved by the state, and mandated that every
homeowners association have a website that
it maintains. Other killed bills include As-
sembly Bill 295, on the availability of records;
Senate Bill 257, which would have eliminated
the requirement that the association maintain
property insurance for certain condos/town-
homes; and Senate Bill 339, which would
have allowed an HOA to lease abandoned
properties.
Holland attributes the bills’ “deaths” to
emails and calls from association constituents
in the state. So keep contacting your local,
state, and federal legislators to voice your sup-
port for or opposition to proposed legislation
that aff ects you as a co-op shareholder, condo
unit owner, or association homeowner! As
laws related to co-ops, condos, and HOAs
continue their way through legislatures and
judiciaries,
CooperatorNews
will continue to
keep you informed.
n
Darcey Gerstein is Associate Editor and
Staff Writer for CooperatorNews.