The more than 50 bills we track each year typically contain many that are old, some that are new, and a few that would adversely affect condominium
One bill the REBA Legislation Section is monitoring in the current legislative session, which began January 7, 2025, aims to “enhance transparency and governance” in condo associations. While there is nothing wrong in principle with the stated goal (“enhancing transparency’), many of the bill’s provisions are problematic. Of most concern, the bill would:
• Require
open meetings for all condo associations.
• Require
associations to use alternative dispute resolution mechanisms.
• Establish an ombudsman in the Attorney
General’s office to mediate disputes between condo owners and boards.
• Require boards to provide documents requested by owners within 10 days of the request for associations with fewer than 50 units, and within 5 days for larger communities.
The problem with these provisions and with similar proposals lis that they attempt to impose ‘one-size-fits-all’ requirements that don’t fit all condominiums or all situations. What works in a 200-unit high-rise may not work at all in a suburban town-house style community. A community with a full-time manager might easily respond to records requests within five days, but that requirement could overwhelm the volunteer board members in a self-managed community.
A more fundamental problem with these sweeping measures is that they ignore the fundamental precept on which condominiums are based: They are self-governing communities. The Legislature should not make governance decisions that owners can and should make for themselves by amending their governing documents.
This measure received a favorable report in the House last year from the Housing Committee and has carried over into the new term. It still has a long way to go before the House votes on it (and sends it to the Senate), but because it has cleared one hurdle, REBA is keeping a close eye on it.
REBA’s ‘watch’ list also includes measures that would:
• Require automatic sprinkler systems in
all multifamily buildings that undergo “substantial modification.” The current wording doesn’t define what
constitutes a “substantial modification” and absent clarification, the cost of
essential renovations – like roof replacements, could increase from expensive
to exorbitant and possibly unaffordable for many condominium communities. The
bill hasn’t yet received the second vote in the House that would send it to the
Senate, where a committee has reported it favorably. The LAC hopes to persuade lawmakers to amend
this bill or defeat it.
• Add language to the state Condominium Act
forbidding associations from restricting the breeds or sizes of dogs allowed in
their communities. This House bill is
another example of the Legislature telling condo owners what they can and can’t
do in their communities. The measure was
reported favorably by the Housing Committee and referred to Ways and Means,
where we hope it will die.
• Prohibit condo associations from unreasonably restricting the installation of solar panels. This would be reasonable in a town home community, where each building has its own roof, but unworkable in a high rise or mid-rise with limited roof space. How would you decide who gets to use the limited roof space? The bill hasn’t been reported out of committee yet and the arguments against it are clear. But given the focus on ‘being green,’ it could gain traction, so the LAC is watching it closely.
Co-chair of REBA’s
Legislation Section, Matt is a partner at Marcus Errico Emmer & Brooks,
P.C., concentrating
his practice on commercial and residential real estate acquisitions, as well
as condominium and
community association law. Matt can be
contacted at mgaines@meeb.com.
