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Trustee Tip Monday: Deferring the Repair Is a Decision - Most Boards Never Record Making It
Budget adoption is a few weeks away, which means every board in Massachusetts is about to defer something. The masonry pointing moves to 2028. The hallway carpet waits another year. The garage slab repair becomes a line item in somebody else's term. None of that is automatically wrong. Money is finite, projects compete, and sequencing work across years is one of the genuinely difficult judgments a board makes. A board that defers deliberately is doing its job. The problem is that most deferrals are not decisions. They are disappearances. The item was on the engineer's list, the number was uncomfortable, the conversation moved on, and it quietly did not make the budget. Nobody voted. Nothing was recorded. Three years later nobody can say who decided or why - including the trustees who were in the room. That distinction matters more than it sounds, for two reasons. The first is protection. What makes a board's decision defensible is acting within authority, in good faith, on real information - we covered that in August. A deferral supported by a condition assessment, with a stated reason and a recorded vote, is a judgment call a board can defend years later even if it turns out badly. A deferral that happened because nobody wanted to raise fees is not a judgment the board can point to, because there is no record that the board made one. The second is that deferrals compound silently. Each year's deferred list rolls into the next, and because it lives nowhere, it never gets totaled. Boards are routinely surprised to find that what they are facing in 2029 is not a new problem but four years of the same postponement. So document it. Here is what a deliberate deferral looks like on paper, and it fits in a short paragraph per item. Name the item and its source - the reserve study component, the engineer's finding, the inspection report. State the cost you were quoted or estimated, and the year it was recommended for. State the consequence of waiting. What deteriorates, what the same work is likely to cost later, and what risk the delay creates. This is the line boards skip and the one that does the work.
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Decorations Go Up in Three Weeks - Settle the Rules Before Somebody's Lights Are in the Stairwell
In most Massachusetts buildings the first wreath appears the weekend after Halloween, and the last string of lights comes down somewhere around Valentine's Day. Boards that have not settled this in advance spend the next three months handling it one complaint at a time, which is the most expensive way to do it and the most likely to end badly. Twenty minutes at your October meeting is the whole fix. START WITH EGRESS, NOT WITH TASTE The genuine risk in decorations is fire and exit obstruction, and it is the one part of this that is not a matter of preference. Nothing goes in a way that narrows or blocks a corridor, a stairwell, a landing, a doorway or an exit route. Nothing obstructs or conceals exit signage, fire extinguishers, pull stations, sprinkler heads or standpipe connections. No live cut trees in common areas. No open flame - no candles in corridors or lobbies, ever. And watch extension cords specifically. Cords strung across a corridor floor, daisy-chained together, or run under a door are the most common decoration hazard in a condominium, and they combine a trip hazard with an electrical one. Require UL-listed lights, no daisy-chaining, and nothing plugged into a common-area outlet without board approval. Massachusetts fire codes govern combustible decorations and the obstruction of means of egress in residential buildings. The specifics depend on your building type and your local fire department's interpretation, which is why the genuinely useful move is a phone call: ask your fire prevention office what they expect in a residential common area. They answer that question every November and they would rather answer it now. THEN HANDLE DOORS AND BALCONIES Unit doors and door frames are usually common element surfaces even though they feel private, so decide what attaches and how. The practical rule most boards land on: command strips or over-the-door hooks yes, nails, screws, staples and anything adhesive that strips paint no, and the owner is responsible for any damage. Say it in writing rather than discovering it in January.
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Financial Thursday: "We're 38 Percent Funded" - What That Number Means and Why Three Boards Can Read It Three Ways
Open your reserve study to the summary page and you will find a percentage. Thirty-eight percent funded, or sixty-one, or twelve. Most trustees have seen it. Very few have been told what it measures, and almost nobody has been told that the study also contains a choice the board is supposed to make. Both are worth understanding before you adopt a 2027 budget that depends on them. WHAT PERCENT FUNDED ACTUALLY MEASURES It is a comparison between what your reserve account holds today and what it ideally would hold today, given how much of your components' useful life has already been consumed. The logic is straightforward. If your roof costs $300,000 to replace and has a thirty-year life, then after ten years roughly a third of that roof has been used up - so an ideally funded association would be holding something near $100,000 against it. Run that across every component and you get an ideal balance. Divide your actual balance by the ideal and you get percent funded. So the number is not a measure of whether you can pay for next year's project. It is a measure of how far behind you are relative to the wear your building has already taken. A useful rough reading: above about 70 percent is generally considered strong and carries a low probability of special assessment. The 30 to 70 band is where most associations sit, with real but manageable risk. Below 30 percent is where special assessments start becoming likely rather than possible. Treat those as orientation, not law. A 25-percent-funded association with a brand-new roof and a credible plan may be in better shape than a 55-percent-funded one facing three large components at once in 2029. THE CHOICE YOUR STUDY CONTAINS Here is the part that catches boards out. A reserve study does not produce one answer. It produces a recommended contribution under a funding method, and there is more than one method. Full funding aims to keep the reserve at or near that ideal balance - targeting roughly 100 percent funded. It is the most conservative and it costs the most per month.
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MA HOA News: Two BERDO Deadlines Land This Month - And There Is a Workshop Built Just for Condos on November 5
If your association owns a Boston building of 15 or more units, there are two dates in the next three weeks and one event in November that your board should know about. OCTOBER 15 - ANNUAL REPORTING WITH APPROVED EXTENSIONS The annual BERDO reporting deadline was August 15 this year, after the Review Board extended it from May 15. Buildings that received an approved extension have until October 15. If your association filed on time in August, this does not apply to you. If your association requested and received an extension, this is the date, and it is this Thursday. If nobody on your board can say for certain which of those is true, that is the thing to resolve today rather than Thursday afternoon. OCTOBER 31 - THE REC PURCHASE DEADLINE This is the one most boards have never heard of, and it only matters to a specific group - but for that group it matters a great deal. October 31 is the deadline to purchase Massachusetts Class I renewable energy certificates through the City's REC Connector Program. The certificates have to be ones generated between January 2024 and June 2026, and they are used by building owners who want to apply them toward meeting their 2025 emissions standard. Put plainly: if your building exceeded its 2025 emissions limit and your plan for closing that gap involves RECs, the window to buy them through the City's program closes October 31. Miss it and you are looking at the other compliance routes, which are slower and, where a building is already over its limit, more expensive. Remember the penalty structure we covered in August. Emissions standard violations run $300 to $1,000 per day, with a 30-day grace period after a violation notice. That is what a compliance gap costs when it is not addressed. NOVEMBER 5 - A WORKSHOP FOR CONDOS AND CO-OPS This is the useful one. The City is holding a compliance workshop specifically for condominium and cooperative buildings on November 5. There is also a BERDO Review Board public meeting on October 13.
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Real Board Scenario: The Delinquent Owner Just Filed for Bankruptcy - Everything Your Board Does Next Has to Stop First
Westbrook Mills is a 56-unit converted mill in Lawrence. Common fees are $410 a month. The owner of Unit 18 stopped paying in February. The board followed its collections policy properly: late fee, written reminder at 30 days, formal demand at 60, referral to counsel at 90. Counsel established the lien and a payment plan was being negotiated. The balance reached $4,920 in assessments plus $700 in late charges and roughly $1,400 in legal costs. On October 2 the association received a notice from the United States Bankruptcy Court. Unit 18 has filed. Here is what happened in the following week, before anyone thought to call counsel. The manager, working from the collections calendar, sent the standard monthly statement showing the full balance due. The treasurer, who had been handling the payment plan, emailed the owner directly asking whether they still intended to sign it. And a trustee who lives on the same floor mentioned the filing to two other owners, one of whom raised it at the owner forum. At the October meeting the board wants to know three things. Is the $7,020 gone? Does Unit 18 keep paying going forward? And can the board at least finish the lien process it already started? DISCUSSION QUESTION Before answering any of those questions - what should have happened on October 2, and which of the three things the board did that week was the most serious mistake? RECOMMENDED APPROACH The most serious mistake was the statement and the email. Both are collection activity, and the moment a bankruptcy petition is filed, the automatic stay takes effect. Collection stops - not after the board votes, not after counsel reviews it, immediately and by operation of law. Statements, demand letters, payment plan discussions, calls, lien enforcement, suit. All of it pauses. Violating the stay is not a technicality. It can expose the association to sanctions, and it converts a straightforward creditor position into a problem of the board's own making. So the first action on receiving any bankruptcy notice is a one-line instruction to the manager and every trustee: all contact with this owner about money stops today, and nothing goes out without counsel.
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Jarrett Lau
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