Page 6 - New England Condominium February 2022

6 NEW ENGLAND CONDOMINIUM
-FEBRUARY 2022
NEWENGLANDCONDO.COM
in a rental building, “I have one contact conducting and paying for repairs,” says
person—the landlord, whereas in a Anthony Colon, a management executive properties, this ‘tenant mentality’ is problems—and bigger costs—down the
condo,” in which each unit is individually with AKAM management, which has one of the biggest hurdles in getting road.
owned, “I often have multiple contact offices in New York and Florida. “While resident owners and shareholders to
persons.” While having one contact repairs inside an apartment are typically understand exactly what their rights and
person is clearly simpler than having the unit shareholder’s responsibility, responsibilities are. “Frankly, there should are some fine differences in how these
dozens or even hundreds, the day-to-
day operational and administrative tasks document that may provide further “because new owners need to be educated. With respect to building and mechanical
needed to keep a building or association clarity. Situations can get complicated, They don’t think they’re responsible for issues such as plumbing, repairs, etc.,
running smoothly don’t necessarily especially with shared walls and pipes, anything. They don’t understand what it condo and co-op situations are very
change with scale. “Overall,” Wolf and some residential communities have means to own their home.”
explains, “the nature of the work remains limited common areas, such as private
the same.”
Not My Job
Of course, the average shareholder or
unit owner is likely not well-versed in
the legal distinctions between rental and
owner-occupied multifamily properties.
Indeed, despite it likely being the single
biggest investment in their portfolio, and co-op owners are coming from years a tenant they had rules, but as an owner, approval as well, though in most states
most purchasers of co-op and condo units of living in rental units. Even after making they don’t think they should be limited the condo board does have a right of first
don’t take the time to read the governing
documents of the building they’re moving
into. Additionally, many owners come
into a condo or co-op community directly
from the rental market, bringing their
“tenant mentality” with them. This often
leads to misunderstandings between
residents and their board-management
teams about who is responsible for what
kinds of repairs, maintenance, and other
property-related tasks.
In the context of a co-op, condo, or
HOA, often the unit owner must take
on responsibilities that would fall to the
landlord in a rental setting. Wollman
breaks it down: “In both ownership
structures, property owners and boards
are responsible for maintenance of
the common elements. In rentals,
all
interior
operations—including
painting, plumbing, and appliances like their monthly fees or maintenance pay-
garbage disposals, dishwashers, etc.—
are the landlord’s responsibility. In a as their ‘landlord.’ They don’t understand You can’t place a new ‘wet’ space [like
condominium or a co-op, unit owners what their responsibilities are as owners, a kitchen or bath] over a ‘dry’ space
and shareholders—not the association and assume that the board should take [like a bedroom or living area] on the
or corporation—are responsible for the care of everything in their apartment. For floor below.” In addition to the nuisance
unit interiors, including those internal example, say a shareholder has a leak in caused by water rushing through pipes in
components.”
As with most things, there are a $1,000 faucet, and the super doesn’t want have the potential to cause costly property
exceptions to that general rule, in which to work on it for fear of damaging it. The damage claims if there’s a leak mishap,
division of responsibility can get a little shareholder may become angry and argue either during construction or afterward.
blurry. One such case is original fixtures that they pay maintenance every month,
and components in co-ops. According and are therefore entitled to repairs—but
to Wollman, “Typically in a co-op, the that’s not how it works, says Wolf.
building is responsible for the floors,
ceilings, and walls that are original to the says, “I recommend that owners learn embarks on a full bathroom renovation
building. So, if there’s damage to your about their responsibility versus the without so much as notifying the board—
parquet floor that was put down when association’s responsibility. For instance, emerge in force when a rental building
the building was built, the corporation with windows and doors, you should converts to cooperative or association
is responsible for repairing it. It’s like know whether you’re responsible for ownership. “We see it less now than we used
no-fault insurance—how the floor was the hardware, glass, and frame. When it to, because original owners are becoming
damaged is unimportant. But if you comes to plumbing, knowing that while extinct,” he says, but even so, “often,
renovated the unit and put in a new the portions of pipe that serve other units owners who were renters in the property
floor and that is damaged, you as the may be the association’s responsibility to and then went with the conversion [to
shareholder are responsible for its repair.”
“As property managers, we often must the owner’s jurisdiction.” And, Colon the board as a landlord. They don’t like
communicate the difference between an adds, this isn’t just academic; “these are to spend money to maintain and upgrade
individual shareholder’s or unit owner’s important, unique areas of repair that can the building, so they often take a band-aid
responsibility versus the corporation’s have a financial impact on shareholders approach to making necessary building-
or association’s responsibility when down the line.”
there are nuances within each governing be a class for first-time buyers,” says Wolf, matters are treated in co-ops and condos.
patios on a shared rooftop, that can create new condo or co-op owners assuming that documents than law or statute. The main
further confusion when determining because they’re no longer renters, they can area of difference is found with regard
responsible parties. We must understand do whatever they please in and around to issues of subletting and sales. In a co-
these differences to adequately explain their new home, despite the fact that that op, the board has the right to review and
and enforce the policies.”
Tenant Mentality
As mentioned previously, many condo prevalent in New England,” says Wolf. “As An owner can sell a unit without board
the jump to ownership, they often equate the master bath into the bedroom, or
ment with ‘rent,’ and think of the board of reasons why you can’t just do that.
their kitchen sink—but that sink features someone’s bedroom walls, such projects
To head off such conflicts, Colon a drippy faucet, as well as the owner who
maintain and repair, all the fixtures are become owner/shareholders] still view
For managers of co-op and condo penny-pinching can lead to much bigger
Wolf points out another issue: that of
home shares walls, floors, and ceilings approve both. In a condominium, an
with other people. “This problem is owner can sublet without board approval.
by anything—they don’t understand that approval to act as a substitute buyer.
they can’t just do whatever they want.
But part of ownership is realizing that board is not your landlord, nor can you
the association has certain rules and as an owner do whatever you might want
requirements, that those rules apply to at any particular moment. Overall, co-
you, and you must abide by them. Like no op and condo living is a hybrid. Owners
smoking, or rules about parking, or how should know their rights—but also their
loud and during what time you can play responsibilities.
music. In an HOA, you can’t just plant
whatever you’d like in front of your house.
Or in practical terms, say there was a fire
in your unit. Often the unit owner doesn’t
understand that they have to contact
their own insurance carrier. It doesn’t fall
under the condo association policy.”
Wollman agrees with Wolf. “We see
it all the time,” he says. “Usually with
renovations. The owner wants to redesign
their apartment—say they want to extend
something similar. There are a myriad
According
to
Wollman,
both
challenges—the owner who emails the
board demanding that someone come fix
wide repairs.” Needless to say, this kind of
Condo vs. Co-op
As is the case in most instances, there
similar,
with
exceptions
occurring
more as a result of individual governing
The key takeaway here is that your
n
A J Sidransky is a staff writer for New
England Condominium, and a published
novelist. He can be reached at alan@yrinc.com.
BOARDS...
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“Part of ownership
is realizing that
the association has
certain rules and
requirements, that
those rules apply to
you, and you must
abide by them.”
— Scott Wolf
waivable, must recuse themselves from
the matter.”
Richard Brooks, a partner with law
firm Marcus, Errico, Emmer & Brooks,
P.C. in Braintree, Massachusetts, expands
on the concept. “It’s not always as simple
as it looks,” he says. “A board member may
want to be involved in a multimillion-
dollar request for proposal (RFP). In the
past, I have explained to clients that that is
not necessarily a conflict; there could just
be different interests at play. In the end,
it might not be a conflict of interest, but
it still might not be okay.” What it really
breaks down to, says Brooks, especially
in a co-op or condominium setting, is
who has the necessary expertise. “You
need an engineer,” he says. “If the board
member or the board member’s cousin is
an engineer, the question then becomes:
Is he qualified?”
Brooks goes on to say that “this type
of situation is not automatically a prob-
lem—if the board member discloses it,
and if the recommended person or entity
fits the bill for what the board is looking
for.” This could pertain to a board mem-
ber, a contact of a board member, or even
a division or subsidiary of a managing
CONFLICTS...
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