Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1935 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1334
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kevin G. Honan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing an office of the condominium ombudsman.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/19/2023James C. Arena-DeRosa8th Middlesex2/3/2023Steven Owens29th Middlesex2/6/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1935 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1334
18	18	By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1334) of Kevin
19	19	G. Honan, James C. Arena-DeRosa and Steven Owens for legislation to establish a statewide
20	20	condominium ombudsman program. Housing.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1412 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing an office of the condominium ombudsman.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 183A of the general laws, as appearing in the 2018 Official
32	32	2Edition, is hereby amended by inserting at the end thereof the following new sections:--
33	33	3 Section 23. (a) There is hereby established an Office of the Condominium Ombudsman,
34	34	4to be located for administrative purposes within the Office of the Attorney General. The
35	35	5functions of the office shall be funded by the Office of the Attorney General.
36	36	6 (b) The Attorney General shall establish a statewide condominium ombudsman program
37	37	7for the purpose of receiving, investigating and resolving through administrative action
38	38	8complaints received by unit owners, boards of directors, board members, community
39	39	9associations, and other parties. The Attorney General shall appoint an ombudsman to act as the 2 of 3
40	40	10director of the program who shall be a person qualified by training and experience to perform the
41	41	11duties of the office.
42	42	12 Section 24. In order to ensure the goals of the ombudsman program are met, the
43	43	13ombudsman shall:--
44	44	14 (a) Prepare and issue reports and recommendations to the Attorney General, the Inspector
45	45	15General, the Legislature, or any relevant agency, on any matter or subject within jurisdiction of
46	46	16the Attorney General. When making recommendations to the Legislature, the ombudsman shall
47	47	17include drafts of legislation, if required; and
48	48	18 (b) serve as a liaison between unit owners, boards of directors, board members,
49	49	19community association managers, and other affected parties. The ombudsman shall develop
50	50	20policies and procedures to assist unit owners, boards of directors, board members, community
51	51	21association managers, and other affected parties to understand their rights and responsibilities as
52	52	22set forth in this chapter and the condominium documents governing their respective association.
53	53	23The ombudsman shall coordinate and assist in the promulgation of educational materials; and
54	54	24 (c) to make recommendations to the Attorney General for changes in rules and
55	55	25procedures for the filing, investigation, and resolution of complaints filed by unit owners,
56	56	26associations, and managers; and
57	57	27 (d) to provide resources to assist members of boards of directors and officers of
58	58	28associations to carry out their powers and duties consistent with this chapter, division rules, and
59	59	29the condominium documents governing the association; 3 of 3
60	60	30 Section 25. Upon the conveyance of a condominium for consideration of more than 100
61	61	31dollars, the seller shall pay the Attorney General a fee of fifty dollars, which shall be used
62	62	32exclusively to fund the Office of the Condominium Ombudsman and the Condominium
63	63	33Mediation Pilot Program.
64	64	34 SECTION 2. Notwithstanding any general or special law to the contrary, the Office of
65	65	35the Condominium Ombudsman shall establish a Condominium Mediation Pilot Program. The
66	66	36Ombudsman shall employ no fewer than two mediators to support the Ombudsman’s goal of
67	67	37resolving disputes between unit owners, boards of directors, board members, community
68	68	38association managers, and other affected parties, provided however, the mediators shall mediate
69	69	39disputes regarding delinquent fees. Further, the mediators shall not issue written decisions, nor
70	70	40will any decision or opinion be binding. The ombudsman shall issue guidelines setting income
71	71	41and/or property value limits for participation in the program, which shall encourage participation
72	72	42by low and middle-income homeowners, as well as senior citizens, provided however, the
73	73	43income and/or property value to be used to determine eligibility shall be that of the unit owner,
74	74	44regardless of the initiating party. The ombudsman shall also set a fee to be charged to the
75	75	45participant initiating of not less than two hundred dollars, provided however, the ombudsman
76	76	46shall grant fees waivers for indigent participants, senior citizens, and in his discretion.