t:(978)496-2090 f:(978)496-2002

This one concerns community associations and the interplay of copyrights and intellectual property law and infringement. He inquires of unit owners, managers and board members about whether or not they have played live or recorded music at social events, shown a movie or hosted a book reading on association property. Repercussions may be more than the hosts bargained for if they did not adhere to protocols for obtaining permission to share the copyrighted materials. Readers can respond to the survey by going here:  http://survey.constantcontact.com/survey/a07edudpeptiza1c9g7/a0190izh62g8h/greeting

 

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The Community Associations Institute New England Chapter’s Association Achievement Award categories include Community of the Year, Creative Solutions, Manager of the Year and others which are handed out to industry professionals and community leaders. The Annual CAI-NE Banquet will be held on March 24, 2017 at the Marriott Hotel in Burlington, MA. Those wishing to attend can sign up at https://www.caine.org/. The nomination form is available at http://www.caine.org/_documents/Newsletter/Attachment/NewsletterAtt384.pdf.

 

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Attorney Charlie Perkins notes that the HAM Radio Bill, which may impact community associations’ ability to regulate antennae construction has been elevated to the Senate. The CAI blog post on the subject is below.

On Jan. 13, 2017, Rep. Adam Kinzinger (R-Illinois) reintroduced the HAM Radio bill that failed to make it out of the Senate at the end of the 114th Congress. Cited as the Amateur Radio Parity Act, the Act was considered in 2015-2016 under H.R. 1301. That bill passed the House with compromise language CAI members advocated for in order to protect the best interest of community associations. The Act was reintroduced with the compromise language and will receive consideration as H.R. 555 in the 115th Congress.

Representative Greg Walden (R-Oregon), a HAM radio operator and Chairman of the U.S. House Energy & Commerce Committee where H.R. 555 was introduced. H.R. 555 was ushered to the House Floor on the suspension calendar earlier this week. The suspension calendar is for bills deemed non-controversial and where a congressperson moves to have the normal rules related parliamentary procedure suspended. Debate is limited to 40 minutes and two-thirds of the members present and voting must vote in the affirmative for the rules to be suspended and agree to the measure. Continue reading on CAI's Governmnet Affairs Blog at https://www.caionline.org/Advocacy/GovernmentAffairsBlog/Pages/default.aspx

Ham Radio Anetnna

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The website Bettercondolife.com has some ideas about what new issues unit owners and associations will be facing this year. Our readers will remember older posts about the coming of drones as a community association concern but there are others as well. Marijuana was legalized in Massachusetts recently and will become a topic of conversation as will the increase in short term internet based property rentals. You can read more here: http://bettercondolife.com/three-condo-association-predictions-2017

Condo Life

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Senior Partner Charlie Perkins has forwarded a post from the CAI Government Affairs blog that describes some legal issues communities will face in the coming year such as the potential for legislators in Washington to curb association controls on HAM radio antennae construction and the possibility for congress to grant a $5,000 tax deduction for association fees for some condominium owners. CAI Also expects a bill to be re-introduced that will make condominium unit owners eligible for certain FEMA funds in the case of a natural disaster. Readers can see the CAI blog post at: https://www.caionline.org/Advocacy/GovernmentAffairsBlog/Pages/2017Preview.aspx

Lisbon Disaster

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Attorney Scott Eriksen has some thoughts on how community associations can deal with potential infractions of intellectual property law on their property. He believes many are not even aware they are in violation and so has drafted an article for our newsletter on the subject. Readers can view by going to our website and clicking on the Publications tab at www.perkinslawpc.com.

Small Bliss

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Attorney Daniel Lopez has authored an article detailing the requirements that include having detectors on every habitable level of the residence; On the ceiling outside of each separate sleeping area; On the ceiling at the base of each stairway; and several others. The full article is available on our website under the Publications tab at www.perkinslawpc.com.

Smoke detector

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The role of a notary public is to, among other things, authenticate the execution of public documents. However, there have been instances where a notary has gone further and offered advice or legal assistance to those signing documents. New regulations passed by the Massachusetts legislature in October, 2016 now explicitly prohibit these and other acts by a notary public unless he or she is also an attorney. Attorney Rhonda Duddy has explained the changes in an article that is available on our website under the Publications tab at http://www.perkinslawpc.com/index.php/publications-2/newsletters.

notary public 2

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Daniel comes to us with four years of legal experience in the Bankruptcy, Foreclosure, Small Claims and Document Review sectors. He attended Villanova Law School in Pennsylvania, earning his JD in 2012. Prior to that, Daniel went to Boston College where he was a member of the swimming and diving team. He lives in Medford, MA and will be assisting Managing Partner Rob Anctil with Real Estate work and David Chenelle with Bankruptcy among other matters.

Daniel

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The Seattle based company was forced to move drone delivery testing to the UK where the government allows the controversial machines to fly beyond the operator’s line of sight. It took 13 minutes from click to touch-down in the (wide open and easily navigable) Cambridge countryside. Attorney Scott Eriksen forwards this article from QZ.com and a suggestion to community association clients that they get their drone protection policies in place: http://qz.com/862980/the-first-amazon-primeair-drone-delivery-landed-today-13-minutes-after-the-order-was-placed-amzn/

DroneII

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Attorney Charlie Perkins has been following this bill since its introduction in the House of Representatives and, like the Community Association Institute, is concerned it will take away existing review procedures for community association boards regarding radio antennae. The CAI has sent out a notice on the subject as follows:

Ham Radio Legislation Fails in the 114th Congress

The 114th Congress has finished all legislative business and H.R. 1301, legislation concerning HAM radio in community associations, was not approved by the Senate. This means the bill is dead and the legislation’s sponsors must begin the process again in the 115th Congress, which will be sworn in on January 3, 2017.

CAI successfully amended H.R. 1301 from its original language, securing a compromise that permitted HAM radio in associations, but required prior approval by the association and protected association architectural prerogatives. The legislation was opposed by Sen. Bill Nelson (D-FL) both in its original and amended forms and this opposition prevented Senate approval of the compromise legislation. In the 115th Congress, Sen. Nelson is expected to continue in his leadership position as Ranking Minority Member of the Senate Commerce Committee, which has jurisdiction over legislation and statutes concerning federal communications policy. Sen. Nelson was instrumental in forcing proponents of H.R. 1301 to negotiate with CAI, but in the end opted to oppose any legislative action on H.R. 1301.Ham Radio Anetnna

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The quasi-governmental lending agencies will refrain from evicting foreclosed owners between December 19 and January 3 during the upcoming holiday season. Chris Bowden, a senior vice president is seeking to promote some stability for affected families and suggested owners take the time to confer with their lenders in order to take advantage of any assistance that may be available. Attorney David R. Chenelle forwards this item from Nationalmortgagenews.com: http://www.nationalmortgagenews.com/news/servicing/fannie-freddie-to-halt-foreclosure-evictions-during-holidays-1092744-1.html?utm_campaign=daily%20briefing-dec%2013%202016&utm_medium=email&utm_source=newsletter&ET=nationalmortgage%3Ae8354885%3A717698a%3A&st=email&eid=d6280039284a8d1bda356fd45e0c23beX mas building from Wiki

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A plan put in place by President George W. Bush in 2007 (The Public Service Loan Forgiveness Program) that was meant to provide some student Loan forgiveness to those employed for ten years as teachers and other lower paying public service jobs may not have the intended result as the first round of applicants becomes eligible next year. Administrative obstacles and the government’s use of an unreliable statistical model for income driven repayment are likely to curb eligibility for most applicants. Attorney David R. Chenelle has forwarded this Marketwathch.com story with more information: http://www.marketwatch.com/story/people-who-thought-their-student-loans-would-be-forgiven-in-2017-are-in-for-a-surprise-2016-11-30

Student Debt

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From the Community Associations Institute Website:

There are approximately 145,000 to 155,000 condominium projects in the U.S., according to the Foundation for Community Association Research (FCAR). As of October 2016, 9,866 condominiums—less than 7 percent of condominium projects nationwide—were Federal Housing Administration (FHA) certified. If a condominium project is FHA certified, that means prospective buyers interested in individual units within a condominium may qualify for an FHA insured mortgage. FHA insured loans are a type of federal assistance and have historically allowed lower income Americans to borrow money for the purchase of a home that they would not otherwise be able to afford. Continue reading on CAI's Government Affairs Blog at https://www.caionline.org/Advocacy/GovernmentAffairsBlog/Pages/default.aspxFHAII

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Thanksgiving greeting

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We would like to extend our appreciation to all the nation’s veterans who served in the, Navy, National Guard, Air Force, Marines, Air National Guard, Coast Guard and Army. The day of celebration originally commemorated the end of World War I and was called Armistice Day by President Woodrow Wilson. His message to the nation on November 11, 1919 declared “To us in America the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service, and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations”.

All Branches of military

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The fire occurred on October 28, 2016 at Joint Base Cape Cod, destroying a warehouse full of donated gifts intended for military families. The tragedy puts the Cape Cod Military Support Foundation’s annual December 11th toy drive and Christmas party for military personnel in jeopardy. The foundation has just over one month to replace what was lost.

Please join the staff of Perkins & Anctil as we honor Veteran’s Day by donating to the Cape Cod Military Support Foundation by sending a gift to PO Box 641, Falmouth, MA 02541 or by visiting their website at www.capecodmilitaryfoundation.org or by contacting the president, Don Cox, at doncox2@comcast.net or at 774 392 5698.

Military small

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The Finney Block at 52-58 Washington Street, Haverhill, MA was built for Lawrence A. Finney, an Irish immigrant who owned the Finney Shoe Manufacturing Company, located on the city’s riverfront. One of over 60 shoe factories in the neighborhood, it helped anchor the city’s primary industry from the time of construction in 1882 well into the 20th century. The building’s architect was C. Willis Damon, an early M.I.T. graduate who designed dozens of buildings in Haverhill and many more industrial, residential, religious and civic examples located throughout New England. It was adapted for use as a condominium in 2003.

Small Finney Block

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30,000 people filled the route through Arlington, VA, Rosslyn, Georgetown, Palisades, and most major monuments in Washington, DC before returning to Crystal City, Virginia and then to the finish at the Marine Corps War Memorial. It marks the 41st running of the event which is the 6th largest marathon in the U.S. and has been completed by Oprah Winfrey, Vice President Al Gore and Supreme Court Justice Clarence Thomas. Kim finished in the top 28% placing 8704 out of 30,000 runners with a time of 4:49:38.

KAA MCM Small

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Passersby to the property at 128 Main Street, Groton will notice a tremendous amount of activity these days in the form of tree removal and the sifting of topsoil. Machine operators are on the lookout for artifacts and pieces of split granite that may have survived the demolition and site clean-up process from 2013. Owners of the project hope to have the restaurant open by August, 2017 and the Inn sometime after that.  Rob Anctil, our managing partner, has been representing the Groton Inn team from inception. We look forward to a successful project.

 Groton Inn Rendering Small

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