BOSTON HOMES BLOG

December data are down

— By: Marilyn Jackson

December home sales data reflect a slow market with soft prices, according to Timothy M. Warren Jr., CEO of the Warren Group, which publishes Banker & Tradesman. Its report was released Jan. 24. Home sales of single-family homes across the state dropped 5 percent in December in a year-over-year comparison, while condo sales dropped 15.75 [...]

City collects $9.4 million from non-profits

— By: Marilyn Jackson

The city has collected $9.4 million from non-profit, tax-exempt organizations for the first half of fiscal year 2012, a 24 percent increase from fiscal year 2011, Mayor Thomas M. Menino stated in a press release Friday. The city had requested $10.8 million. Guidelines for the PILOT or payment in lieu of taxes program were revised [...]

— By: Linda Goodspeed

Over-55 developments have restrictions

Q:

I live in a 55-plus 40B community. One of the 40B residents died unexpectedly about six months ago. Her mid-20s son still lives in the unit, and I understand that he has no plans to move out anytime soon.  

We are self-managed, and the current board’s approach is to let the family of the deceased unit owner handle the sale. They have made no contact with the family or the son who is living in the unit.  

What would be the board’s responsibility to see that the unit is sold to another 40B-qualified family; and is there a time frame or any guidelines that we need to adhere to? And, are we breaking any federal, local, or state laws by allowing the son to live there for an undetermined amount of time? If so, what would be the ramifications, if any?

A:

By way of explanation for other readers, 40B developments include income-eligible, affordable housing.

There seem to be two issues here: Over 55 and 40B. You have focused mainly on the 40B issue, so I will answer that first. You have not said if the son is income-eligible for the 40B unit, but even if he is not, the condo association has no legal obligation to kick him out. As Richard Brooks, an attorney at Marcus, Errico, Emmer & Brooks in Braintree, pointed out, “It’s not your fight.”

The son would certainly be cheating the system, but it is not the association’s obligation to turn him in. Of course, any of you individually can report him, but the association has no legal obligation to do so. It’s like having a tax cheat living in the building. You don’t have an obligation to turn him in either, but you can certainly report him if you want.

Brooks said the over-55 status of the complex is the larger issue. Some complexes may be only a certain percentage over 55 (80 percent, for example). Other developments may be restricted to all residents being over 55.

Depending on what the condo documents say in this regard, the mid-20s son could be violating the development’s charter. If this is the case, the condo association does indeed have a legal obligation to enforce its charter and require the unit to be sold to an age-appropriate buyer. If the association does not enforce its charter, it would be violating laws.

The association can require the unit to be sold immediately, but exercise some compassion and wisdom here. Giving the son six months to sell the unit, for example, would be entirely appropriate, especially given the state of the market.

Source: Richard Brooks of Marcus, Errico, Emmer & Brooks in Braintree. 

 

 

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