Solar Power Guide for Condominiums

Merrill & McGeary drafted the following guide for Condominium Trustees and Unit Owners who are interested in solar projects.


I.  Introduction 

This Guide explains what a Condominium Trustee or unit owner should know in a general sense about the operation of a Condominium and the decision making process before any attempt to have a solar pv system installed on the roof of a Condominium building or on Condominium grounds.

The Guide responds to the following questions:

A.  How is a Condominium organized?

B.  Who makes decisions for the Condominium Association?

C.  What approval is required for the installation of the solar pv system?

D.  If Condominium common funds are to be expended for the installation of the solar pv system, who must approve the funding and what legal requirements must be met to do so?

E.  How might a solar pv system proponent approach the Trustees and win their support and that of the unit owners? Read More Solar Power Guide for Condominiums

Reasonable Accommodation for a Disability is the Law

As the population ages, homeowner association boards and property managers are more frequently dealing with requests from condominium and cooperative owners and residents to accommodate a handicap or disability by adding to or changing the common areas in some way. These requests vary from the relatively simple and inexpensive, such as leveling an uneven step to allow wheelchair access or installing a handrail for support, to the more “politically” complicated, such as providing a handicapped parking space closer to a front or rear door, allowing a washer/dryer in a unit when washers and dryers are prohibited in all other units; or allowing a pet when pets are prohibited. Other requests may be quite expensive, such as installing a stair chair in a common hallway, or installing another secondary means of egress from a unit when the existing one is not easily accessible due to a disability. Read More Reasonable Accommodation for a Disability is the Law

New England Condo Q & A

Q: I have heard different Opinions about the duties of a management company managing a Condominium community. Is there documentation stating exactly the duties of a management company?

A. The duties of a management company vary depending upon what specific management services the Condominium Board contracts for with the manager and based upon the governing style and policies of the Condominium Board. For example, the manager could, be retained to be a “full service” manager with responsibility for all Condominium operations including the financial aspects of the Condominium as well as the Condominium’s physical plant. On the other hand, the manager could have a limited role in the Condominium, for example, for financial management only. There is no statutory requirement that a Condominium manager perform any specific scope of duties for a Condominium. Read More New England Condo Q & A