Community Associations Institute’s (CAI) Massachusetts Legislative Action Committee (MA LAC) had a busy legislative session advocating on behalf of the approximately 1,420,000 Massachusettsans living in 541,000 homes in more than 6,930 community associations. More than 4,700 bills were introduced, and the MA LAC closely monitored 35 bills that would have directly affected community associations. Below is a brief overview:
H 1370 – An act relative to accessory dwelling units. The MA LAC monitored this legislation that would ban the prohibition of certain accessory dwelling units. The bill was cross filed into the Senate as S 908.
Status: Failed sine die.
H 1387 – An Act relative to adequate condominium reserve funds. This bill would amend the existing reserve funding requirements in the state that would define terminology and provide a broader interpretation of the law. While well intentioned, the bill attempts to clarify a reserve fund, but does not create a concrete definition. The MA LAC opposed the bill and attempted to help rewrite language with the sponsor.
Status: Failed sine die.
H 1397 – An Act relative to heat in condominium units. This legislation would create strict requirements for heating in condominiums with explicit regulations on the number of days per year, hours per day, range of acceptable temperature, and location of reading to be met. The MA LAC monitored this legislation and prepared to work with the bills sponsor to amend the legislation, but the bill did not gain traction.
Status: Failed sine die.
H 1412 – An Act establishing an office of the condominium ombudsman. This bill has been introduced in the legislature several years in a row and does not progress. The MA LAC opposed the bill for multiple reasons, including unclear provisions, and creating a de facto condo tax.
Status: Failed sine die
H 1416 – An Act relative to electronic meetings and voting in condominiums. This bill, introduced and supported by the MA LAC, would allow condominium electronic meetings and voting privileges. The MA LAC launched an extremely successful advocacy campaign to help push the bill to be passed with nearly 200 messages sent to encourage the Senate to vote on the bill. Unfortunately, the Senate adjourned before the vote was held.
Status: Failed sine die.
H 1500 – An act relative to anti-litigation provisions in condominium documents. This bill was one of the three bills introduced on behalf of and with the help of the MA LAC. This bill would have amended the law to include provisions for alternative dispute resolution and help associations avoid litigation.
Status: Failed sine die.
H 1501 – An Act relative to construction defect claims by condominium owners. The MA LAC helped write and introduce this legislation which would alter the statute of limitations for tort cases relating to construction defect claims in condominiums.
Status: Failed sine die.
H 3008 – An Act relative to condominiums. The MA LAC strongly opposed this bill which would have allowed for the taxation of reserves, which is counterintuitive to the purpose and function of reserves. The MA LAC opposed this bill and the bill died after it was heard in the first committee.
Status: Failed sine die.
H 3022 – An Act relative to charges association with condominiums in tax title. The MA LAC monitored this bill as it was novel to the state. The legislation would allow a town to purchase a condominium or reclaim a unit for non-payment of taxes which would include provision for a lien to include any unpaid condo fees. This bill and it’s Senate companion, S 1803, were of interest to the MA LAC, and they monitored to ensure that no objectionable amendments were added.
Status: Failed sine die.
S 1803 – An Act relative to charges associated with condominiums in tax title. The MA LAC monitored this bill as it was novel to the state. The legislation would allow a town to purchase a condominium or reclaim a unit for non-payment of taxes which would include provision for a lien to include any unpaid condo fees. This bill and it’s Senate companion, S 1803, were of interest to the MA LAC, and they monitored to ensure that no objectionable amendments were added.
Status: Failed sine die.
S 908 – An act relative to accessory dwelling units. The MA LAC monitored this legislation that would ban the prohibition of certain accessory dwelling units. The bill was cross filed into the House as H 1370.
Status: Failed sine die.
SD 2942 – An Act establishing guidelines for the installation of electric vehicle charging stations by condominium owners. This bill was introduced late into the legislative session and would create guidelines for electric vehicle charging stations in condominiums. The MA LAC monitored the bill, as it was referred to the Housing Committee for a study to be conducted. The legislative session ended before the bill could progress.
Status: Failed sine die.
Your Assistance is Needed
The CAI Massachusetts LAC relies on outside resources such as professional lobbying as a vital and integral part of the legislative process. The volunteers who make up the Massachusetts Legislative Action Committee – including homeowner leaders, community managers, and business partners – greatly rely on contributions from management companies and business partners in addition to individuals to continue their important efforts in the legislature. The MA LAC needs your financial support to bolster their advocacy activities in 2023 and beyond. We encourage donations from Massachusetts community associations, business partners, and individuals. Please visit www.caionline.org/lacdonate/ and donate to “Massachusetts” to support our continued efforts.
Click here to follow the important legislation CAI and the MA LAC is tracking for 2023.
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