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6 NEW ENGLAND CONDOMINIUM 
 -APRIL 2022  
NEWENGLANDCONDO.COM 
comports with the procedural and aesthetic  
parameters of the association.  
 After that, in order to really maximize  
the space while staying within the rules and  
regs, it’s usually best to work with a profes- 
sional.  
 “Everybody has a wish list,” says von  
Brincken, “but a professional experienced  
with HOAs will be able to work within the  
parameters of the association’s rules. Even if  
the space is not large, there are ways to cre- 
ate private areas for different functions—for  
dining, for relaxing, or a place for the grand- 
children to play.” She notes that a patch of  
lawn or a small patio can be turned into an  
inviting, intimate environment through the  
use of attractive containers, furniture, and  
paving materials.  
 New Jersey attorney Anne Ward of law  
firm Ehrlich, Petriello, Gudin, Plaza & Reed  
in Newark reinforces the importance of re- 
viewing your governing docs before shovel- 
ing any dirt. “All unit owners are subject to  
the rules and regulations governing the con- 
dominium property, and they are assumed  
to have knowledge of those rules,” she says.  
These may include limits on the height, col- 
or, or number of plantings in public-facing  
areas of units, or restrictions on making any  
structural changes to limited common ele- 
ments at all.  
 Additionally, says Ward, “Under the  
New Jersey Condominium Act,  …[w]hile  
all owners are entitled to ‘use’ common el- 
ements, they are not entitled to unilaterally  
exert control over a common interest to the  
exclusion of other owners of the association.  
In fact,” she continues, “... unit owners are  
specifically prohibited from altering a com- 
mon element.” 
 Laws in various municipalities may also  
limit one’s choices in terms of landscaping.  
Carol Anastasio, a  licensed horticultur- 
ist and landscape designer who also serves  
on her co-op board in Manhattan, explains  
that in New York City, a tree is not allowed  
to touch a residential building at any point.  
Therefore, she says, the types of trees and  
where they are planted must take into con- 
sideration the size of the tree at its full ma- 
turity, and also the “developmental prun- 
ing—that’s in order to get it to grow the right  
way—and the maintenance pruning—which  
is to help reduce the likelihood of [limb] fail- 
ure or conflict with the infrastructure. A lot  
of money is spent on just making sure trees  
don’t hit buildings.”   
 A Tree Grows in Manhattan 
 For many multifamily buildings in New  
York and other big cities, a street tree and  
its two-by-two-foot bed might be the clos- 
est one gets to “landscaping” in front of their  
home. But trees in parks or on public side- 
walks or roads can’t be pruned by just any- 
one, and messing with or injuring a tree or  
its bed can have severe consequences in the  
city.  
 “No one is allowed to perform any work  Program (FISP). The co-op’s size and age  
on a tree unless they are employed by the  have meant that its four residential build- 
Parks Department, are under a pruning or  ings have had sidewalk bridging up for half  
removal contract with Parks, or possess an  a decade while it continues to remediate  
official  Tree  Work  Permit  with  expressed  structural issues uncovered by FISP, which  
consent from our Forestry Division,” says  has been “the worst friend to trees,” as An- 
arborist Sam Bishop, Director of Education  astasio puts it.  
for Trees New York. “It is illegal and punish- 
able by law for citizens to remove, kill, or  up is in an outdoor area above Seward Park’s  
damage a street or park tree, whether inten- 
tionally or accidentally.”  
 Trees New York has a Certified Citizen  did that landscape design,” she laments, “just  
Pruners program that trains lay arborists  thought about putting trees in planters—not  
to do light pruning on small tree branches  whether it’s the right tree in the right place.  
that can be reached from the ground. Anas- 
tasio and the rest of the Seward Park Coop- 
erative board [full disclosure: this author is  and eventually strangle themselves and die.  
also a director there] recently brought this  Almost any of the trees that are in failing  
initiative to their shareholders to get them  condition are those trees; the rest of the trees  
involved in the care of the 280 trees on or  on the property are doing great.”  
adjacent to the co-op’s 13-acre property.  
They already have shareholder-led groups  
that plant daffodils and other suitable bulbs  have a certified plant expert among their  
(i.e., those that won’t interfere with the soil,  membership, it is helpful to consult with  
compete for the tree’s nutrients, or grow  pros who are used to dealing with the some- 
too close to the trunk) in the tree pits each  times  laborious  decision-making  process  
spring, which brings together the commu- 
nity’s multigenerational demographic and  structure.  
adds color and texture to their Lower East  
Side neighborhood.  
 Anastasio can cite the number of trees  committees to make use of limited outdoor  
on her co-op’s property because she also  areas. Even the smallest spaces can be de- 
recently commissioned arbor services com- 
pany Bartlett Tree Experts to tag and catalog  accommodate different populations—a  
them according to their type, age, size, con- 
dition, and care needs—something that had  tivities like reading or meditating; a breeze- 
never been done in the co-op’s 65-year his- 
tory. “It was probably the first time that there  play; planters and shrubs can separate areas  
has ever been an intensive understanding of  and provide visual interest. Especially since  
what our living infrastructure is,” she says.  the coronavirus pandemic, many of their cli- 
“So by doing the tree inventory, we have a  ents are now looking at the dead space on  
snapshot of the health of every single tree  their property and thinking about revamp- 
on  the  property  at  this  moment  in  time.  ing it to accommodate today’s needs.  
And then they could be assessed as to—do  
they need special kinds of pruning? Do they  ing  the importance  of selecting what  they  
need nutrients? Do they have enough space  call “bulletproof plants” that can survive and  
around their root collar, which is that flare at  thrive in the harsh New York environment.  
the base of a tree? Are there any diseases or  They point out that street-level plantings face  
pests that are attacking the tree? What’s the  the likelihood of being picked at, dumped  
pH and other soil conditions? And is a tree  on, or otherwise violated, by people, pets, or  
dangerous?—which is always the number  pests. Pollution also dictates which types of  
one thing—such as: Is it dying? Is it tilting?  plants will do well, and factors like rodent  
Is it growing into your foundation? Does it  control also need to be considered.  
need to be removed?, et cetera.”  
 Anastasio explains that Bartlett “puts a  turning an underused space into one with  
little brass tag on every tree and assigns a  aesthetic and natural appeal is one of the  
number to it, which then gets geolocated on  easiest ways for a co-op or condo to add a  
a map. And so you have a map of every tree  popular, valuable amenity—particularly for  
on your property, and they get rated for vari- 
ous conditions, so you can then work out a  for ways to compete with all the shiny new  
long-term plan. We’re unique, because we’re  developments. In a double-win, it can also  
13 acres and have 280 trees on our prop- 
erty—some of which are among the most  ment—a consideration that has more and  
beautiful of their species in all of Manhat- 
tan.” 
 Anastasio goes on to reveal that “a whole  money—to install a bird feeder or a polli- 
mess of trees were just totally decimated by  nator house, for example. If you crave more  
Local Law 11”—the requirement of all city  nature, allow nature to come to you.           
buildings over six stories to undergo in- 
spections and repairs every five years, also  
known as the Façade Inspection and Safety  
 Another tree “fail” that Anastasio brings  
garage that was renovated about 20 years  
ago after the garage collapsed. “Whoever  
So you have overstory trees in small cement  
planters. Their roots go around and around  
Size Doesn’t Matter 
Since not all boards are lucky enough to  
characteristic  of  this  type  of  governance  
 QG Floral & Landscape in New York  
City frequently collaborates with boards and  
signed in a way to maximize usability and  
shady alcove can be designed for passive ac- 
way can be paved for more active games and  
 The pros at QG echo colleagues in stress- 
 With the right plan and the right choices,  
smaller or older buildings that are looking  
have positive implications for the environ- 
more importance to  home  buyers in  all  
markets. You don’t need much space—or  
n 
 Darcey Gerstein is Associate Editor and a  
Staff Writer for New England Condominium. 
CREATIVE... 
continued from page 1 
tions. Do existing uses stay where they  
are? We look at finishes, and at artwork  
and furniture, and question residents for  
updates. Do we need to change base ma- 
terials? Another big impact is lighting— 
that has a huge impact on how the space  
functions and looks.”   
  Tackling the Problem 
Marilyn Sygrove is an interior de- 
signer and principal of Manhattan-based  
Sygrove Associates Design Group and  
works with all types of residential com- 
munities throughout New York and New  
Jersey. She breaks down the categories to  
be considered for refreshing and upgrad- 
ing public and common areas into the  
following: paint, wall coverings, uphol- 
stery, artwork, and lighting. 
“A board can never go wrong with a  
fresh coat of paint in any of their public  
spaces,” says Sygrove. “If there presently  
is wall covering on the walls, then a fresh  
coat of paint on the ceilings, doors and  
doorframes,  and  any previously  painted  
trim will do wonders. And a new paint  
job also gives you the opportunity to  
tweak—or radically change—paint colors  
at the same time.”   
And even if your wall coverings are  
looking seriously  beat-up, that  doesn’t  
necessarily mean they have to be com- 
pletely replaced. “When it comes to wall  
covering,” Sygrove continues, “we’ve seen  
filthy vinyl wall covering that has tears,  
or seams spreading that look atrocious.  
There  is  at  least  one  company  that  we  
know of that will come in and completely  
clean the existing wall covering and glue  
back open seams. A board may want to  
set up a schedule to do this type of rou- 
tine maintenance every few years.” And,  
she adds, “If there is leftover wall mate- 
rial hidden away in the basement, they  
can actually use that to do undetectable  
patches. If they don’t have any additional  
material, it can likely be replicated—but  
a designer’s assistance may be needed to  
get that done. Generally, manufacturers  
have minimums to produce wall cover- 
ing that’s not one of their running lines,  
so you would need to inquire about that.” 
When it comes to lobby or other com- 
mon area furniture, Sygrove says, uphol- 
stery can be professionally deep-cleaned,  
or replaced on a select few pieces in a  
new,  more  cleanable, durable  fabric.  
“This one lift can make a world of differ- 
ence,” she says, also noting that “it may  
also be time to edit your artwork—for a  
modest amount of money, replacement  
art or mirrors can be found. Even refram- 
ing attractive existing art will be impact- 
ful to a common space.” 
Lighting, as mentioned previously,  
may  be  the  most  important  component  
in making a common area feel inviting— 
or oppressive. Inadequate or poorly- 
A LITTLE WORK 
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