New England Condominium October 2020

Living By the Rules Making – and Enforcing – House Rules BY A J SIDRANSKY October 2020 NEWENGLANDCONDO.COM 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 be handled in a fair, nondiscriminatory way, but when re- viewing the totality of the circumstances surrounding the al- leged violation, “The board does have leeway—known as the Business Judgment Rule—in determining when and how to 205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED continued on page 8 THE CONDO, HOA & CO-OP RESOURCE CONDOMINIUM NEW ENGLAND Social distancing, lockdowns, quar- antine, remote work, distance learn- ing—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 so- cial gesture that confirms a positive feel- ing between individuals, 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 multi- family residential communities such as condos, HOAs, and co-ops. Beyond just isolating formerly tight-knit, engaged neighbors, the need to keep our distance and not gather in groups has made up- holding the requirement for communi- ties to convene at least once a year (and sometimes more) to conduct the busi- ness of the corporation or association a logistical nightmare. Reality Meets Documents While more recently drafted condo, HOA, and co-op governing documents may already contain language spelling out the proper protocols for electronic meetings and voting, those established before virtual meetings became a com- mon factor in business life are likely silent on the issue. Ellen Shapiro, an attorney with the Braintree, Massachu- setts-based law firm of Marcus Errico Emmer & Brooks, says, “If it’s not pro- hibited, it’s permitted. Given the ex- traordinary situation we find ourselves in today, a court would be inclined to fa- vor a board that wanted online meetings for inclusivity, \[even if\] the documents were written before anyone would have thought of this.” It’s a common bit for comedians and TV sitcoms: making fun of the ‘condo po- lice’—those neighbors who take it upon themselves to enforce the rules set up by your condominium association 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 how you feel about having to get approval to re- paint 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 governing 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 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—noise, pets, sublets, smoking, use of the hallways and common areas, carpeting, windows, plantings, and other quality of life matters. “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,” he continues. “In a condominium, one would need to review the bylaws to see what rights the board may have. In both, how each 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 supers, porters, valets, doorpeo- ple, janitorial workers, handymen and -women, security personnel, managerial staff, maintenance workers, and others to leave their homes to keep these multi- family communities safe, clean, and op- erational. But over these last six months, as the world has been in the grips of the coro- navirus crisis, property service workers around the country have been dealing with heavier and more intense work- loads, ever-shifting regulations, and supply-line shortages making it harder to carry out their essential duties—all while dealing with the same fear and un- certainty that this virus and its outcomes have inflicted on all of us. Meanwhile, boards and property managers have been adjusting to new governance procedures; incorporating the shifting regulatory guidance from multiple levels of government into their policies; dealing with pressure from resi- dents to reopen amenities; and figuring out how to incorporate personal protec- tive equipment (PPE), foggers, gallons of disinfectant, and plexiglass partitions into budgets that in many cases were al- ready tight. Given all of these challeng- es—and in light of the tough, important work they do for the communities they serve—it is more important than ever to ensure that your property’s staff contin- ues to feel safe, secure, and supported. In the Beginning At the beginning of the coronavi- rus crisis, New England Condominium spoke to Carolina González, New York regional communications manager for 32BJ SEIU, the largest property work- ers union in the country. She explained that in New York, there were early agree- ments with the Realty Advisory Board (RAB) to extend sick pay for workers, in- corporate guidance from the Centers for 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 10 continued on page 8