Page 1 - Chicago Fall Cooperator 2020

Fall 2020 CHICAGOCOOPERATOR.COM “In co-ops, a breach of the house rules is generally a breach of the proprietary lease, permitting the board to treat it as such,” Hakim con- tinues. “In a condominium, one would need to review the bylaws to see what rights the board may have. In both, how each is drafted and whether the lease and/or bylaws permit fines will determine what the board may do, short of drastic measures.” Hakim goes on to say that enforcement of any and all rules must Social distancing, lockdowns, quar- antine, remote work, distance learning— these once unfamiliar terms have changed the way we live our everyday lives in the time of a global pandemic. In a society where a handshake is the social gesture that confirms a positive feeling between in- dividuals, the imposed separation between us and our family, friends, neighbors, and colleagues is a heavy burden under which to operate. Perhaps nowhere is this enforced dis- tancing felt more acutely than in multifam- ily residential communities such as co-ops, condos, and HOAs. Beyond just isolating formerly tight-knit, engaged neighbors, the need to keep our distance and not gather in groups has made upholding the requirement for communities to convene at least once a year (and sometimes more) to conduct the business of the corporation or association a logistical nightmare. Reality Meets Documents While more recently drafted condo, co- op, and HOA governing documents may already contain language spelling out the proper protocols for electronic meetings and voting, those established before vir- tual meetings became a common factor in business life are likely silent on the issue. Ellen Shapiro, partner with the Braintree, Massachusetts-based law firm of Marcus Errico Emmer & Brooks, says, “If it’s not prohibited, it’s permitted. Given the ex- traordinary situation we find ourselves in today, a court would be inclined to favor a board that wanted online meetings for inclusivity, \[even if\] the documents were written before anyone would have thought to do this.” It’s a common bit for comedians and TV sitcoms: making fun of the ‘condo police’—those neighbors who take it upon themselves to enforce the rules set up by your condominium asso- ciation or co-op corporation to regulate community living. They are sticklers for detail: Is your mailbox at the right height? Do you have contraband plantings in your flowerbeds? Are your window treatments approved in terms of both color and configuration? Funny or not (and depending on how you feel about having to get approval to repaint your shutters, it may not be), in reality, co-ops and condos have rules—lots of them—and for good reason. Successful community living requires structure. Some regulations appear in your gov- erning documents—the bylaws, usually—while others are found in less formal documents outlining ‘house rules.’ In any event, the question is how these rules are enforced, and who does the enforcing. Defining Rules & Regulations “The board has a fiduciary duty to enforce the association’s documents,” says attorney Mark R. Rosenbaum with Fischel & Kahn, Ltd. in Chicago. “You should review your association doc- uments and rules to determine the mechanism to trigger a formal review of any problems you are having. Whatever the process, it should require the board and/or managing agent to at least investigate the issues and make a determination as to whether further action is needed. Such formal action could range from fines to—in especially severe cases—forced sale of the \[offend- ing\] neighbors’ unit. If no action is taken on a formal ‘complaint,’ the association rules may at least require the board/agent to respond...with an explanation of why no action is being taken.” Mark Hakim is an attorney specializing in co-op and condominium law with the firm of Schwartz Sladkus Reich Greenburg & Atlas, based in New York City. “The house rules in a co- op or condominium are rules and regulations promulgated by the board, and amended from time to time,” he says. “They’re intended for the general welfare of the residents of the building. They include—but are certainly not limited to—pets, sublets, smoking, use of the hallways and common areas, carpeting, windows, plantings, noise, and other quality of life matters. While residents of condos, co-ops, and HOAs do their part to prevent the spread of COVID-19 by staying in their homes as much as they can, they rely on the su- pers, porters, valets, doorpeople, janitorial workers, handymen and -women, security personnel, managerial staff, maintenance workers, and others to leave their homes to keep these multifamily communities safe, clean, and operational. But over these last six months, as the world has been in the grips of the coronavi- rus crisis, property service workers around the country have been dealing with heavier and more intense workloads, ever-shifting regulations, and supply-line shortages making it harder to carry out their essential duties—all while dealing with the same fear and uncertainty that this virus and its out- comes have inflicted on all of us. Meanwhile, boards and property man- agers in every state and municipality have been adjusting to new governance proce- dures; incorporating the shifting regula- tory guidance from multiple levels of gov- ernment into their policies; dealing with pressure from residents to reopen ameni- ties; and figuring out how to incorporate personal protective equipment (PPE), fog- gers, gallons of disinfectant, and plexiglass partitions into budgets that in many cases were already tight. Given all of these chal- lenges—and in light of the tough, impor- tant work they do for the communities they serve—it is more important than ever to ensure that property staff continue to feel safe, secure, and supported. In the Beginning At the beginning of the coronavirus cri- sis, The Chicagoland Cooperator spoke to Carolina González, regional communica- tions manager for 32BJ SEIU, the largest property workers union in the country. She explained that in New York, for example, there were early agreements with the Realty Advisory Board (RAB) to extend sick pay for workers, incorporate guidance from the Centers for Disease Control and Preven- tion (CDC) for employee protection, and allow flexible staffing in order to employ workers laid off from buildings in the com- Living by the Rules Making—and Enforcing—House Rules BY A.J. SIDRANSKY Community Meetings in the Time of COVID Distancing without Getting Detached BY A J SIDRANSKY Supporting Essential Building Workers How to Show Your Staff You Care BY DARCEY GERSTEIN continued on page 9 continued on page 6 205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED continued on page 6