Page 14 - CooperatorNews Chicagoland Winter 2022

14 COOPERATORNEWS CHICAGOLAND —WINTER 2022 CHICAGO.COOPERATORNEWS.COM Professional Property Management for Chicago’s Finest High Rise Condominium Associations Community Specialists 205 North Michigan Avenue / Suite 2930 Chicago, Illinois 60611 312.337.8691 / CommunitySpecialists.net Time for a new Time for a new CBU? CBU? Mailbox Installations and Repairs Mailbox Installations and Repairs Mailbox Fast LLC Mailbox Fast LLC www.MailboxFast.com www.MailboxFast.com Wheaton, IL Wheaton, IL 630-215-7343 630-215-7343 Before Before Make Your Life Easier with Make Your Life Easier with setts, but not any longer. From a condo standpoint, everything gets digitized. The majority of new paper we receive to- day comes from new business inherited from other companies sending their stuff to us as new management.” An Accountant Weighs In Avi Zanjirian, a partner with the Manhattan-based accounting firm of Czarnowski & Beer, sees digitization as a positive trend for accounting in the co- op and condominium sphere—but he does note some points of concern. For example, digitized information is easily accessed, and can be accessed from any- where—which is extremely convenient, but also poses some risks. “No one wants cabinets of paper for seven years,” he says, “but if everything is digitized on a server and you have closing statements, bank statements, transfers, etc., personal information must be secure. If you keep that on the Cloud and you get hacked, that’s a potential problem. “We do live in an age where we can digitize everything,” Zanjirian continues. “In terms of workflow, especially these past two years, we didn’t have to go into an office and we could do all our auditing work digitally. That provided for more efficient work, and clients didn’t have to make room for us in their office. But still, anything with personal information must be kept securely. These documents should not be open to everyone in the of- fice.” Lastly, Zanjirian points out that with the possible exception of mortgage docu- ments, nothing really needs to be kept in both digital and paper forms. Scanned documents stored online are protected and more secure than paper—but Zan- jirian stresses that when scanning docu- ments, it’s vital to make sure the entire doc is scanned; those doing the scanning should make sure to check for double- sided sheets, and that pages aren’t stuck together. If someone feels the need to keep paper copies, one year should be enough time to retain most documents. As more and more of our administra- tive and personal lives move online and into the Cloud, building and association managers, attorneys, accountants, board members, and—when appropriate— residents need to have access to crucial documents, while also being assured that those documents are stored securely and appropriately. With everything in one easily accessible place, tasks like audits and reviews become easier to complete. The key is security and conscientious care when transferring and storing records. n A J Sidransky is a staff writer/reporter for CooperatorNews, and a published novelist. DIGITAL DOCUMENTS continued from page 13 of objectionable behavior are living with an illness or disability that may cause or exacerbate that behavior. Sometimes, as in the case of hoarding, the behavior itself is a symptom. In these cases, association and co-op boards must act in accordance with fair housing laws, which “prohibit hous- ing providers (including co-ops and con- dos) from discriminating against protected classes, including people with disabilities,” says attorney Scott J. Sandler Jr. of Sandler & Hansen LLC, a law firm based in Middle- town, Connecticut. “Associations are typically empowered to address health and safety issues,” ex- plains Sandler, “but the practical use of that power is limited.” In cases where mental or emotional disability is a factor, the let- ters and fines that are normally used to curb violations are likely to be less effec- tive, and the protections afforded to people with disabilities can make more aggressive actions—such as eviction—fraught, if not impossible. In these situations, “The associ- ation must proceed very carefully,” contin- ues Sandler, “because it could be accused of violating federal fair housing laws.” Sandler goes on to suggest that owners and shareholders aggrieved by their neigh- bors’ behavior might be better off taking matters into their own hands, since they are not constrained by fair housing laws. “Sometimes it makes more sense for an individual owner to proceed with his or her own legal action, rather than the as- sociation doing so at the expense of the community. The governing documents of many communities contain provisions that prohibit behavior that interferes with the rights of other owners to peacefully enjoy the use of their units,” he says. “Many own- ers expect the association to enforce these provisions. However, these provisions are incorporated into the governing docu- ments to provide owners with their own causes of action against a neighbor who is interfering with the peaceful enjoyment of their unit. Remind \[residents\] of their right to seek a legal remedy on their own behalf.” The Nuclear Option When a violation is persistent, egre- gious, and goes uncured after requisite notice, then a co-op or condo may have no choice but to proceed with an eviction. Managers and attorneys alike say that this is never an option to be pursued lightly, and should only take place when all other remedies have been exhausted. But once again, COVID interferes. First, quarantines and lockdowns, then eviction moratoria, and finally court closures and backlogs have made an already time-con- suming and complex process even more difficult and drawn out. For co-op and condo residents dealing with a disruptive or disturbed neighbor (and likely dealing with them more frequently and with more DEALING... continued from page 6