Page 1 - CooperatorNews Chicagoland Spring 2021
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Spring 2021 
                          CHICAGO.COOPERATORNEWS.COM 
CHICAGOLAND 
THE CONDO, HOA & CO-OP RESOURCE 
COOPERATORNEWS 
A Look at Board  
Powers 
What a Condo or Co-op  
Board Is … and Isn’t 
BY A J SIDRANSKY 
continued on page 10 
205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED 
continued on page 9 
CHICAGOLAND 
THE CONDO, HOA & CO-OP RESOURCE 
COOPERATORNEWS 
Neighbor Noise 
When Enough Is Too Much 
BY A. J. SIDRANSKY 
continued on page 8 
Noise is an acknowledged part of urban life–particularly apartment living.  Some of it— 
traffi  c, garbage collection, people shouting on the street—is external, and is controlled (theo- 
retically, anyway) by zoning laws and noise ordinances. Some noise is internal, however, and  
may be coming from upstairs, downstairs, or from the building next door. But even with the  
understanding that city living comes with a certain amount of racket, how much noise is simply  
too much—and what can you as a shareholder or a unit owner do about it?  Th  e answer is...it  
depends. 
Acceptable, ‘Normal’ Noise Levels  
Deborah Koplovitz, a partner at the New York-based law fi rm Herrick Feinstein, notes that  
“With noise issues, we get into the world of subjectivity.  One person may tolerate a concert  
pianist practicing the same phrase over and over all day, but for someone else, that may drive  
them bonkers.” Th  e sound of people walking on the fl oor above you “is normal,” Koplovitz  
stresses, “but someone may perceive it as something other than that and say it’s intentional.  
Minds can get lost.” 
By the same token, dropping something on the fl oor at 3:00 a.m.  
every night may not seem troublesome to the person doing it; the act  
may not be intentional, but it’s also not normal—especially if it wakes  
their downstairs neighbor nightly. In that case, the noise becomes in- 
considerate and unacceptable. 
As an attorney for community associations, Michael C. Kim, of  
counsel to the law fi rm of Schoenberg Finkel Beederman Bell Glazer  
in Chicago, has faced this problem many times. “Th  ese are the most  
When one buys a private single-family  
home, it’s clear who the king or queen of the  
castle is: the homeowner. When it comes to  
condominiums and cooperative apartments,  
however, the relationship between owner  
and property is a little more complex. While  
the shareholder or unit owner rules within  
the walls of their unit, everything beyond  
the drywall—from the wiring and pipes in  
the walls to the shared common areas like  
laundry and fi tness rooms, to the exterior  
elements that hold the building together and  
protect it from the elements—is governed by  
the community’s board under the aegis of  
its governing documents, which contain the  
rules and regulations that cover a far-ranging  
variety of issues and give the board author- 
ity over diff erent aspects of how the building  
or association is run. Governing documents  
are themselves regulated by individual state  
laws and statutes, and at times even local or- 
dinances.  
Th  e hybrid nature of ownership pre- 
sented  by condominium  and  cooperative  
homes gives many owners and shareholders  
a skewed or incomplete—and oft en incor- 
rect—understanding of who is responsible  
for what in their community. Th  is is partly  
because few purchasers of  condominium  
and cooperative units ever really read the  
governing documents of the community  
they’re moving into, and also partly because  
Plants, Money, &  
Sustainability  
The ‘3 Greens’ of  
Landscaping 
BY DARCEY GERSTEIN 
In multifamily properties where diff erent  
households share in the use, visual enjoy- 
ment, and property value of landscaped out- 
door elements, a lot of factors go into decid- 
ing what and where to plant, how to maintain  
it, and how much to spend. Th  ese consider- 
ations can be summed up as the ‘3 Greens’:  
the vitality and vibrancy of plantings and  
lawns; the ecological factors that determine  
the best methods, placements, and products  
that use the least resources and have the least  
impact on the environment, and the dollars  
that associations and co-op corporations  
need to allocate in their budgets to design,  
install, and maintain these areas. 
To optimize each, the 3 Greens must be  
considered simultaneously. For example, an  
association with a limited landscaping bud- 
get might think that skimping on mulch  
will save them money—but according to  
the pros, the right type of mulch in the right  
amounts is important for soil health, water  
conservation, and weed mitigation — all of  
which saves money in the long run. Similar- 
ly, a community with ample grounds might  
think that laying a bunch of sod for sprawl- 
ing lawns might be the right way to ‘green’  
things quickly, instead of going through  
the relative hassle of seeding grass from  
scratch—but a sod workaround might ac- 
tually be the least cost eff ective to maintain  
and least ecologically effi  cient or benefi cial. 
Mix It Up 
As with most things biological, diversity  
is generally best. Having a combination of  
soft scape (plantings and grasses) and hard- 
scape (concrete, paving, turf) creates visual  
appeal and can demarcate diff erent outdoor  
spaces for diff erent uses. A carefully planned  
landscape can also maximize water runoff   
and absorption, take advantage of sun and  
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