Introduction.
This series of posts contains my list of the 10 most common misperceptions about condominium laws and operations. It is a slightly modified version of a presentation I gave at the Community Associations Institute Condo Expo and Forum held in Portland, Maine on September 25, 2010. I will post one of the ten each Friday at 6:00 a.m.
This list is necessarily subjective and some would undoubtedly disagree with it. In compiling this material, I have conducted a survey of a number of attorneys and managers, and reviewed my experience with associations I have represented the past 25 years. Many thanks to Pete Garret of Maine Properties, Inc. Bob Keegan of R&E Property Management and attorney Sanford Roberts for their review and their suggestions.
Many legal misperceptions have no consequences. The contractor does a good job notwithstanding a bad contract. The owner pays the fine you assess without challenging it. The decision you make by email instead of at a legally called meeting, goes unnoticed.
This list is not about the most common legal misperceptions. It is a list of the most common mistakes that have, or could have, serious consequences, and I hope it will help you avoid some traps. The list is in approximate order of importance, with number 1 being the most important. The topics covered here can be categorized in different ways, so in that respect it is arbitrary
Boards want to do the right thing; the complex nature of condominium law and the fact that they are volunteers makes that job difficult. Further, they wish to avoid disputes if they can, and if they can’t, to be on good legal ground if someone wants to take them to court. Many of the recommendations here are designed to avoid litigation and all its attendant costs in money, stress and loss of community.