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