Page 14 - CooperatorNews Chicagoland Spring 2022
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14 COOPERATORNEWS CHICAGOLAND  —SPRING 2022  CHICAGO.COOPERATORNEWS.COM  © 2022 First-Citizens Bank & Trust Company. All rights reserved. CIT and the CIT logo are registered trademarks of   First-Citizens Bank & Trust Company. MM#11515  Expertise. Focus.   Solutions.  Put the leading bank for community association management companies   to work for you with individualized service, custom technology and smart   financial solutions.  Let’s get started.  Thomas Engblom, Ph.D, CMCA, AMS, PCAM, ARM, CPM, Vice President  312.209.2623   |  The support you need  to manage your associations.  Hugh Rider   ph: (773) 989-8000  REALTYMORTGAGECO.COM  Call Us  Today.  Chicago’s   Trusted  Customized Property   Management Program.  Since 1906  somewhat frustrating—when they started  services, and legal services called APS, and   exhibiting short-term memory loss and  finally some out-of-state family members   were violating every rule in the book.  “Eventually, hoarding became an issue.  ing near a relative – which should have hap-  Not vermin or filth, but definitely stuff – all  pened long before. I obviously felt bad about   of it important to the resident—that was  dragging a 75-year-old to court, but it actu-  stacked high in their unit. Clearly the asso-  ciation had an issue, but no one on hand was  volved. We had a kind, sensitive judge, good   a healthcare professional, so it fell to us to  legal professionals, and we did what her   get in touch with local professionals, like the  family should have done for her long ago.  fire marshal and the head of social services.   It was slow at first. But as our rock star also  ence and, if management can’t solve some-  happened to be a heavy smoker, they even-  tually went to sleep with a cigarette in hand.  cause we have the resources and deal with   They never heard the smoke alarm – but  this quite frequently.”        fortunately, a neighbor did! There’s nothing   like a fire to get the town’s attention—so now   they’re helping our resident resolve their is-  sues. With our help, both resident and com-  munity are in a better place.”  Scott B. Piekarsky, Esq., Managing Mem-  ber of Piekarsky & Associates in Wyckoff,   New Jersey  “You have to approach residents with be-  havioral health issues in a sensitive manner.   Walk gingerly and carefully. People have   privacy rights, and you don’t want to libel or   slander them; you also don’t want to exacer-  bate a problem.  “We’ve had situations where some people   just act kooky, and other scenarios where   residents are truly in need of an interven-  tion. If it’s a really serious matter, then you   can call the local police of course.   “In New Jersey, we’ll often have situa-  tions with elderly folks who are living alone,   who are potentially being neglected or can-  not take care of themselves, or who may   have a behavioral health issue on top of a   medical issue. Every county in the state has   something called adult protective services,   or APS. We’ll call their office in these situa-  tions to see if they can look into things. And   certainly, if there are other family members   available locally, we’ll reach out to them to   intervene and indicate that there’s an issue.  “In New Jersey there is also mandatory   alternative dispute resolution (ADR), so we   might use that process to sit down with the   resident, approaching them in a kind and   relaxed manner, and engage in a dialogue,   assuming that they are both cognizant and   cogent enough for that process to have mer-  it.   “The worst thing that people can do is   to be confrontational with those who have   sensitive behavioral issues. There are people   who absolutely need to be attended to, med-  icated, or even institutionalized. The test in   New Jersey is, ‘Are they a danger to them-  selves, others, or to the property?’ And at   that point it becomes a police matter.  “We had an elderly woman in a co-op   who was living alone; her kids had aban-  doned her. She had a continence problem,   and when you got off the elevator \[on her   floor\] in the co-op building, you could smell   the urine. Eventually she was noncompliant   in so many areas that we had to file legal ac-  tion to evict her from the co-op. But it ac-  tually worked out, because she called legal   got involved and placed her in assisted liv-  ally was in the best interests of everyone in-  “But every case is different in my experi-  thing, get on the phone with a lawyer, be-                         n  Mike Odenthal is a periodic contributor to   CooperatorNews.  MENTAL HEALTH...  continued from page 6  in Chicago. “There are a number of options   you might consider; however, without re-  viewing what your operating documents   and your rules or policies provide in your   particular situation, any information of-  fered may not be relied upon and it is for   information purposes only. You may have   a policy on smoking and/or the use of il-  legals or a violation policy that sets out dif-  ferent levels of violations, and—depending   on where you live—a complaint policy that   is mandated by the State. Your bylaws most   certainly have a provision prohibiting ‘nox-  ious or offensive activities’ that create a dis-  turbance to other owners and a provision   for mediation.  “It’s important to know whether there   are units below or next to the offending   unit that would be able to hear the noise   and whether there have in fact been other   complaints; if not, it could be a problem   for you. Consider keeping a new log, tape   more, report each event to the board and   management following association proce-  dure—not by email—and retain a sound   transmission  expert  to  confirm  there  is   more than an average transmission of   sound. Noise nuisances are judged by a dual   standard, and both tests must be met. First   a subjective test—whether you believe the   noise is unreasonable—and second is the   objective standard and whether a reason-  able person would find the noise unreason-  able. Continue to call the police whenever   the neighbors are in the midst of a distur-  bance and log their response. You need to   take their names and badge numbers, and   if they continue to be non-responsive, write   a letter to the Commander of your precinct   with a cc: to the Mayor and your Alderper-  son.  “Continue to complain to the board and   police. If your complaints remain unan-  swered, you might consider sending letters   to the Commander, Mayor, and Alderper-  son or State Rep and/or go to the media   Q&A  continued from page 5

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