Massachusetts HB 3522, An Act to Preserve Neighborhoods, was filed in the House on 1/13/09 and referred to the Joint Committee on Judiciary on 1/16/09.

Section 3 of this legislation proposes to amend Mass Gen Laws Chapter 255 by adding new Sec 13 for abandoned property and/or foreclosed property registration, and empowering cities or towns to implement an abandoned and/or foreclosed property registration program.

General

• Any city or town that accepts the provisions of Section 13 by majority vote of City Council and approval by the Mayor, City Council or Annual Town Meeting may implement an abandoned property registration program as provided in Chapter 255.
• A building is "abandoned" if it is legally unoccupied for (60) days, or has visible signs of physical distress, including boarded windows, fire damage, exposure to the elements, susceptibility to unauthorized entry,  or where mortgage or property tax payments are delinquent for (60) days.
• “Owner” means every person, entity, association, corporation, fiduciary, service company, property manager or realtor who has legal or equitable title or any interest in any real property, a trustee or agent appointed by the courts, or a mortgagee in possession.
• “Commissioner” is the municipality‟s building inspector, commissioner or other administrative chief in a town responsible for administering and enforcing the state building code

Registration

All owners must register abandoned and/or foreclosed residential properties with the Commissioner on forms provided by the Commissioner. Registrations:

• Must state the individual owner or agent‟s phone number and Mailing address.
• Must certify that the property was inspected and identify whether the property is abandoned.
  a) If the property is abandoned, the registration must designate a local individual or local property management company responsible for the security and maintenance of the property.
  b) This designation must state the individual or company‟s name, phone number and local mailing address.
  c) This registration must be received within sixty days of abandonment or within sixty days of the end of the foreclosure process (date when the foreclosure is finalized, as shown by the filing of a foreclosure deed with the Registry of Deeds.)
• All property registrations are valid for one year.
• An annual registration fee not to exceed $100.00 must accompany the registration form.
  a) The fee and registration are valid for the calendar year, or remaining portion of the calendar year in which the registration was initially required.
  b) Subsequent registrations and fees are due January 1st of each year and must certify whether the foreclosed property remains abandoned.
• Once the property is sold or is no longer abandoned, the owner must provide proof of sale or written notice of occupancy to the Commissioner.

Maintenance
Properties must be maintained in accordance with all applicable Sanitary, Building Codes, and local regulations.

• The local owner or local property management company must inspect and maintain the property on a monthly basis for the duration of the abandonment.
• The property must contain a posting with the name and 24-hour contact phone number of the local individual or property management company responsible for the maintenance.
• The sign must be clearly visible from the street.
  

Compliance with this state law does not relieve any other obligation under applicable law, regulation, covenants and restrictions and/or homeowners association rules and regulations.
The Commissioner has the authority and the duty to inspect properties subject to this section for compliance and to issue citations for any violations.

Penalties
Failure to initially register with the Commissioner is punishable by a fine, not to exceed of $500.00.
Failure to properly identify the name of the local individual or property management company is punishable by a fine not to exceed $500.00.
Failure to maintain the property is punishable by a fine, not to exceed $500.00 for each month the property remains out of compliance or is otherwise not  maintained. 

To view the full text of the Bill, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 700 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.