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June 14, 2017 – Legal Update Lunch Seminar

LEGAL UPDATE LUNCH SEMINAR
 MEDIATE MANAGEMENT CO.

Date: Wednesday, 10:30a.m. June 14, 2017

Presented by: Goldman & Pease LLC

  1. APARTMENT OR CONDOMINIUM SHARING: WHAT YOU NEED TO KNOW ABOUT AIRBNB
  • What are the security risks, nuisances, and property damage that result from engaging an Airbnb rental?
  • What are the best practices for avoiding problems that neighbors and property managers frequently encounter when tenants or condo unit owners use Airbnb.com?

  1. LIMITING THE OWNER / INVESTOR RATIO IN CONDOMINIUMS
  • When is it possible to implement owner occupancy requirements for a condominium?
  • What changes must be made to the Declaration of Trust or By-laws and how is this done?
  • Can a lottery system be used to assign rental opportunities to a select number of unit owners?
  • How can a Hardship Exception be used to build flexibility into the rule?
  • Is it possible to collect fines from unit owners who rent their units in violation of the rule?
  1. LITIGATION AGAINST DEVELOPERS FOR MOLD AND DEFECTIVE CONSTRUCTION
  • Can a condominium association file suit against the developer and/or architect of the condominium upon discovering mold or construction defects?
  • What is the Statute of Repose and how does it limit the time for initiating litigation against a developer?
  • What is the difference between an implied warranty and an express warranty and how is each handled under the statute of repose?
  1. DUTY OF PROPERTY OWNERS TO PREVENT HARM TO OTHERS
  • What hazards must a property manager warn tenants or their guests about to avoid liability?
  • How to deal with a neighboring property owner’s tree branches extending over your property?
  1. MANAGER LIABILITY
  • Timely collect condominium fees from Trustees:
    • Trustees fall behind
  • Complete condominium questionnaire:
    • Litigation, budget assessments
  • Failure to fix broken railing or to make other necessary repairs:
    • Negligence/93A
  • Contract dispute:
    • Contract with property manager, not condominium
    • Property manager sued
    • Best practices: contracts clearly state “condo, mgr for”
  • Debt Collection Violation of Collection Statute