Clarification
Bill - SB 602 clarifies chapter 183A of the general laws Filed by Senator Brian
A. Joyce and referred to the Housing Committee. This bill accomplishes two
goals. First, the bill cleans up a contradiction in the Massachusetts
Condominium Act regarding the process for granting easements and limited common
areas. Second, the bill adds a new provision to the Condominium Act stating
that if condominium documents require the consent of mortgagees to amend the
documents, and the mortgagee does not respond to a written request for such
consent within sixty (60) days, consent shall be deemed given. Given the
difficulty in obtaining a timely response from the large national banks, this
amendment will save Associations significant time and expenses associated with
trying to obtain mortgagee consents. The bill was signed by the Governor.
Priority
Lien - SB 603 sought to clarify condominium priority liens. This bill seeks to
clarify the fact that a condominium association’s priority lien for common
expenses is not limited to one six-month lien period, but shall include all six-month
lien periods established in accordance with the statute. This bill is critical
to ensuring that associations can continue to enforce multiple priority liens
over the first mortgage. Given that the common expenses are the life blood of a
condominium association, the need to adequately protect an association’s lien
for common expenses is essential. The bill failed upon adjournment.
Construction
Defects - SB 726 is an act relative to construction defect claims by condominium
owners filed by Senator James B. Eldridge. This bill would clarify that the
tolling of the statute of limitations and statue of repose for construction
defect claims against a developer by the condominium association would not
begin until the developer has turned over control of the condominium
association to the unit owners. This bill would correct the serious inequity
that currently exists whereby a developer retains control of the association
for an extended period of time effectively preventing any remedy for the unit
owners against the developer for construction defects. The bill failed upon adjournment.