Page 6 - CooperatorNews Chicagoland Winter 2022

6 COOPERATORNEWS CHICAGOLAND —WINTER 2022 CHICAGO.COOPERATORNEWS.COM If you live in, work in, or provide ser- vices for a co-op, condo, or HOA, you know the nation’s multifamily communities? We and getting in their faces—just really act- that however harmonious a building or as- sociation is in general, there is always that out. one person—or perhaps more than one— who throws a wrench in the works. It could be the guy who seems to take pleasure in and attendant restrictions on public life unknowns. It was a difficult period.” disrespecting the doorman, or the lady have made time at home essential to surviv- who insists on feeding the feral cats (and al—both in the sense of avoiding the spread dedication and hard work—as well as “the by extension the neighborhood rats), or the of a potentially deadly contagion, and in the 90% of the people in the condos and co-ops family who lets their kids play basketball sense of keeping work, family, and other that we manage \[who\] really were wonder- inside their apartment. These are the peo- ple who—at best—regularly suck up more one’s own domestic confines. In a co-op people home all day, and ambient stress lev- than their fair share of energy and resources or condo, particularly those of the vertical els so high, “there are a lot more complaints from the community, or—at worst—create variety, the communal element of shared about neighbors—the smoke complaints an undesirable, unhealthy, or even danger- ous living situation for themselves and their brings both an alleviation and a magnifica- neighbors. Now throw in one of the most devastat- ing pandemics the modern world has ever Building Group, a property management or swim it off, so that increased tension as seen, and it’s a wonder we haven’t all turned firm based in Chicago, sees this phenom- into some form of that guy . After two years enon firsthand at the buildings his company sion escalated to the point where manage- of loss—of loved ones, of homes, of jobs, of manages, which are mostly luxury highrises ment was compelled to involve the build- normalcy— the news has been full of reports in the city’s Gold Coast and other down- of incidents ranging from the outlandish to town neighborhoods. Of the COVID era, the criminal going down in settings that are he says, “There’s a lot more people working koff, partner with Chicago-based law firm normally benign: grocery stores, airplanes, from home—and there’s a lot of people who Levenfeld Pearlstein, LLC. He explains that hair salons, restaurants, school board meet- ings, even medical facilities. Whether it’s eyes around the building.” As the pandemic sonableness” to be considered a violation of for attention (even the negative kind), an evolved, triggering lockdowns, shelter-in- expression of deep frustration and anxiety place orders, and other unprecedented steps documents, or the warranty of habitability, over the seemingly endless state of crisis, or intended to slow the spread, Stoller says, in the case of co-ops. “I’ve had calls from just jerks happy to have an excuse to be es- pecially jerky, it seems that more and more ing out, unfortunately; pounding on walls, plaining that the vacuum in the unit above people are indulging in disruptive, combat- ive behaviors. Has this also been the case in cases, they were going up to staff members spoke to several pros in the industry to find ing inappropriately. And that did create a The COVID Conundrum The coronavirus’s rampant transmission Especially early on, when there were a lot of fundamental functions going from within ful”—he goes on to say that with so many walls, spaces, and financial obligations have gone up; complaints about people tion of the effects of such isolation. Jim Stoller, president and CEO of The many buildings, you couldn’t go work out just aren’t working—so there are a lot more complaints must meet a “standard of rea- “there were some people who were act- walking around the buildings. In some them is bothering them, that they’re trying lot of additional stress for board members and for management, and also for the staff. While Stoller praises his staff for their hanging out in the lobby have gone up. And then, with the amenities \[being closed\] in well.” In many cases, says Stoller, that ten- ing’s or association’s attorneys. One of those attorneys is Howard S. Da- an association’s or corporation’s governing managers \[saying\] that a unit owner is com- to work and they can’t work, and they’re de- manding that something be done.” This type of complaint, he says, does not meet the reasonableness standard. People are entitled to vacuum their floors, and in a multifamily setting, it’s inevitable that some noise from such activities will penetrate the walls of adjoining units. So how should a board respond? “What I tell boards is that in this unusual time, there’s an aspect of this that’s not le- gal expertise, that’s not pure management skill—it’s psychology, dealing with owners with a little bit of tenderness, a little bit of empathy,” advises Dakoff. “Because ev- eryone’s in an unusual position, and more people are home than ever before. They’re trying to work and live in a small space, in a vertical high-rise generally. And so they’re hearing things they never heard before.” Getting Serious While there are prescribed remedies for incidents that rise to the level of an objective violation—legal letters, fines, even eviction in extreme cases—the appropriate response to a more subjective complaint might be “a little bit of understanding and empathy,” says Dakoff. Management and the board “may be able to defuse an angry owner just by educating them.” Such education could include reminding shareholders and owners that part of living in a co-op or condo is being a member of a community, “and also that you give up certain rights and privileges when you’re a member of a cooperative or association,” Dakoff continues. “Over the years,” he says, “and especially in the last few months, we’ve had to basically tell people that if they really need total peace and quiet, that’s not going to happen in a highrise in downtown Chi- cago. It may just be that condominium liv- ing isn’t right for them.” Jay Cohen, president of A. Michael Tyler Realty, a management company serving co- ops and condos in Manhattan, Brooklyn, Queens, and Long Island, agrees. “There’s a lot of reasonable judgement that must go into responding to complaints,” he says, “and each must be dealt with on a case by case basis.” Cohen stresses that “\[property\] management is a people business. You have to take into account the human factor in dealing with these situations.” Another factor that can add to the com- plexity of such situations in a residential setting is the fact that some perpetrators Dealing With Disruptive Residents Empathy & Education vs. Enforcement & Eviction BY DARCEY GERSTEIN MANAGEMENT continued on page 14