Page 1 - Chicago Fall Cooperator 2020
P. 1

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 


































































































   1   2   3   4   5