In a continuation of the webinar series “Is My Building Safe?”, Haber Law, in collaboration with BHA, presented an overview of the findings of a task force assigned to advise on condominium operations.
The governor appointed the task force after the tragic collapse of the condominium in Surfside. Webinar panelists David Podein, Esq., and Christopher Utera, Esq., presented twelve critical issues identified by the task force.
The task force highlighted issues and recommended changes. The following were recommendations, not changes in the law at the time of the webinar.
Waterproofing and maintenance
One of the first items identified was the importance of waterproofing. The group stressed the need for more emphasis on waterproofing as required maintenance.
Examples of improved detail included identifying the specific waterproofing product, documenting its warranty, and establishing a timeline for when waterproofing should be renewed.
The task force also discussed giving boards more authority to complete required maintenance and improving transparency by making inspection reports readily available to owners and buyers.
More specialized inspections
The task force recommended that inspections become more specialized instead of relying on one person to perform every review. Relevant fields of expertise include structural engineering and mechanical, electrical, and plumbing systems.
Along with recommending inspection reports at five year intervals, the group also called for enforcement of report recommendations.
Reserve studies and funding
Another issue was the need for a more uniform approach to the quality and frequency of reserve studies. The task force recommended stricter qualification requirements for those conducting reserve studies.
It also recommended that associations should not be able to waive reserves simply to keep budgets low, and suggested eliminating pooled reserves for mandatory reserve components.
For older buildings on valuable property that may face unaffordable maintenance costs, the task force identified options through which condominium owners could terminate their association and sell the property.
Professional accountability
The task force recommended stronger requirements for professionals involved in building maintenance and repairs. It also called for greater accountability among condominium management companies, community association managers, and City building officials.
Additional topics included a Department of Business and Professional Regulation trust fund, unit owner access to financing, and association insurance.
Preparing for nearby development
For buildings anticipating development on a neighboring property, the webinar speakers offered one overarching recommendation: be proactive.
That includes documenting the condition of the building before development begins, retaining an expert to identify potential issues, reviewing insurance coverage, and approaching the developer about a good neighbor agreement.
Being proactive also means negotiating with the developer for ways to reduce the effects of new construction on the property.
BHA will continue monitoring issues raised during legislative sessions and reporting important updates. Special thanks to our friends at Haber Law.