Condominium managers would need state licenses by June 2027

A five-member Massachusetts condominium commission would license managers and oversee their work. Licensing would cover people or entities managing association money, maintenance, or daily operations, including trustees in condominiums they manage themselves. Applicants would need approved education, work experience, an exam, and other qualifications. The application fee would cover administrative costs and be at least $300. Two-year licenses would require continuing education and compliance with practice standards for renewal. Applicants licensed or registered elsewhere would qualify by applying and paying a fee if the commission finds that jurisdiction’s standards equivalent or stronger. Residential condominium managers would have to meet the licensing requirements by June 30, 2027.

Managers would carry insurance for professional mistakes, and the commission would investigate complaints about their work or rule violations. Practicing residential condominium managers would need at least $250,000 in total insurance coverage for professional mistakes. A company’s policy could satisfy the requirement if it specifically covers the manager. After a hearing, the commission could restrict licenses, order repayment of losses where appropriate, and impose penalties up to $1,000 per violation. Certain licensing violations could bring civil penalties up to $5,000 per violation after a hearing. Managers could not sue to collect service fees unless they were licensed when they earned them.

Residential condominium board members would certify that they read the association’s rules and will uphold them and act responsibly for owners. These requirements would cover members of residential condominium governing boards. Initial approved training would last at least four hours and could occur within one year before or 90 days after election or appointment. Members who miss required certificate deadlines would be suspended until they comply. Missing certificates would not invalidate board decisions. For members chosen before July 1, 2026, the bill lists June 30, 2027, as the compliance deadline but points to a different section, leaving that deadline unclear. Initial certificates would be due within 90 days of election or appointment. Starting one year after submission of the initial certificates, members would submit proof of at least one hour of continuing education each year.

Owners denied records through an association’s willful failure to comply would be entitled to actual damages or minimum damages. The damages provision would cover condominium owners whose association willfully fails to provide access to records. Minimum damages would be $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of a written request. Someone who wins an enforcement case would be entitled to reasonable lawyer fees from the person controlling the records who knowingly denied access. Associations could satisfy the access requirement by directing authorized requesters to records available on their website or mobile app.

Residential condominium boards, trustees, and managers acting for associations or owners would count as doing business under Chapter 93A. This would cover governing bodies, boards of trustees, managers, and managing agents acting for residential condominium associations or their owners.