The end of the legislative session for the Year 2014 unfortunately did not provide the holiday gift most associations wished for, legislation that would have overturned the case of Drummer Boy Homes Association, Inc. v. Britton and reinstated rolling liens.
This matter will be one of the issues that the CAI Legislative Action Committee faces in the next legislative session. However, Senate Bill 602 was approved by the House of Representatives and signed by Governor Patrick as one of his last acts prior to leaving office.
Senate Bill 602 clarified an ambiguity in Section 5 of M.G.L. c. 183A regarding limited common area grants and easements. The section also adopted an overall negative posting requirement for any amendment required to the Master Deed, Declaration of Trust or Bylaws as it applies to mortgagees holding mortgages on units within a condominium whose consent maybe required. Negative posting is a useful mechanism to address situations where mortgage holder approval of an amendment may be necessary. This provision now states that if the association gives notice to mortgage holders and they do not object within sixty (60) days, then such failure to act will be deemed a consent.
Finally, although a request for further appellate review from the Appeals Court to the Supreme Judicial Court has been made by the condominium association regarding Drummer Boy, action on the appeal is not expected until the first week in February 2015.
We will continue to keep you apprized of all developments with respect to this matter as the session in the Supreme Judicial Court opens a new year.