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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 


































































































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