Current condominium issues - by Saul Feldman

Saul Feldman, Feldman Law Office

In the past, condominium associations were concerned with issues involving pets, parking and antennas. I was asked to amend condominium trusts for these three matters.

More recently, smoking became an issue and I have been drafting amendments to ban smoking. Today this issue has been expanded to cover marijuana. As it remains illegal under federal law, some associations want to ban it, as part of the ban on smoking. Most associations want an exception for the use, possession and consumption of marijuana for medical purposes in the condominium unit, provided a letter from a medical doctor is provided stating that marijuana is needed to treat or improve symptoms.

Another “hot” issue today is online home-sharing services such as an Airbnb. I have been asked to draft amendments to condominium trusts banning home-sharing services such as an Airbnb. These home-sharing services create problems, such as noise that may last into the night and strangers posing a security threat and leaving the common areas in a dirty and damaged condition.

Perhaps the real lesson is that many condominium trusts are outdated and have to be amended and restated in 2017 to address these and other issues.

Saul Feldman is a real estate attorney with Feldman Law Office in Boston, Mass.