Page 18 - New England Condominium July 2019

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Levy, CPA, P.C. Certified Public Accountants 20 Freeman Place Needham, MA 02492 Tel: (617) 566-3645 (866) 842-0108 Fax: (866) 681-2377 www.DALCPAPC.net DAL CPA See Our Display Ad on Page 17 BetterVent is a NEW kind of Indoor Dryer Vent. www.adr-products.com 1-888-609-5512 Condominium and Real Estate Law Phone: (781) 817-4900 Direct: (781) 817-4603 Fax: (781) 817-4910 We may be dressed up, but we aren’t afraid to get our hands dirty. www.lawmtm.com See Our Display Ad on Page 11 Solving your problems today & strengthening your association for tomorrow. 6 Lyberty Way, Suite 201 Westford, MA 01886 (978)496-2000 www.perkinslawpc.com See Our Display Ad on Back Cover We cite them in newsletters, post them on confl ict between neighbors or management, our website, and maintain them at the front it would seem worthwhile. desk for anyone who complains about need- ing a repair. Our bylaws are very clear about ability – i.e., safety – are concerned, a resident responsibility, and as such we direct \[rental should not hesitate to take up an issue with residents\] back to their ‘landlord,’ a.k.a., the the board. Avoiding confl ict is never worth owner of their apartment. When we send a putting the health of tenants at risk. letter to a resident, we attach the appropriate excerpt from the bylaws – chapter and verse – that backs up whatever we have decided with- in that letter. All employees are trained in the appropriate responses, and we’re extremely diligent with our messaging.” And of course, shareholders have the ability to make some changes if the board is truly dropping the ball in regard to its duties. “When we counsel tenant-shareholders who view themselves as being in a straight ‘rental’ situation \[with their board\], we advise that they are actually in control,” says McConnell. “Th at with their voting power at annual meet- ings, they can throw out a board that is not performing as is required, and elect a new one that listens to the tenant-shareholders – rather than acting as an absentee landlord might.” The Nitty Gritty While most repairs in a rental apartment are handled by the landlord at no additional expense to the tenant, maintenance in a co-op comes out of residents’ monthly fees. As such, there’s a greater individual investment in what gets addressed and when. Th ere are also re- pairs within apartments that fall to a co-op shareholder, which in a rental situation might be the purview of the landlord. “An area of dispute I encounter with co- ops stems from how the responsibilities under their proprietary leases are diff erent than those between tenants and landlords,” says Mitchell S. Zingman, Principal Member of law fi rm Zingman & Associates in New York City. “Co-op residents are completely responsible for the appliances in their unit, for example, whereas they would not be in a rental. I’ve had shareholders who don’t know why their stoves aren’t working, and look to hold the board responsible. But that’s actu- ally on the shareholder. Really, anything that protrudes into the apartment is the domain of the shareholder. If a faucet is not working, or if a lead pan goes bad in a shower, well hey... that’s the shareholder’s problem. It is what it is, but shareholders sometimes have a hard time grasping that. “In regard to repairs that do not fall on the tenant to arrange, I fi nd that they’re usually handled by the managing agent,” he contin- ues. “Th ese things really aren’t coming to the board, unless the tenant reaches the conclu- sion that the managing agent is acting incom- petently and, as such, sidesteps them – or goes as far as to ask the board to replace that agent.” An underlying theme here is that many of these misunderstandings regarding tenant/ board/management responsibilities can be avoided before they happen, should all parties involved familiarize themselves with the laws and governing documents under which their association operates. Surely this can seem like a signifi cant to-do, but if an aft ernoon of studying up can help mitigate a drawn-out Of course, where issues of actual habit- n Mike Odenthal is a staff writer/reporter with New England Condominium. MANAGER, OR... continued from page 6 cally provide guidance in our state. “Th e New Jersey Condominium Act also contains an administrative code that pro- vides a minimum for notice to the residents of a meeting. Also, the association’s bylaws will provide for specifi c requirements for notice, quorum, and procedure. Typically, the announcement will provide for the time, place and agenda of the meeting. Failure to do so may void board actions and/or in- crease the association’s exposure to litigation. “To maximize effi ciency, I would recom- mend ensuring that each meeting has a set agenda that is strictly followed. Th e agenda should be conveyed to all board members in advance, so that each board member can review and prepare for the meeting. Prior to an open session, the board should meet in a closed session to review the agenda and go over certain issues that are not appropriate for an open session. Th ese typically include any collection matters, privacy matters—such as disability accommodation requests—as well as pending and/or anticipated litigation. “Also, it is important to know that a board meeting is for the board to conduct offi cial business. If a board chooses, it can set aside a portion of a meeting for residents to voice their concerns, which should be timed to al- low each resident an equal—but limited— opportunity to raise issues. If a resident feels as though their board is not conduct- ing meetings properly, they should attend a meeting and voice those concerns. It is im- portant to remember that a board is com- posed of volunteer owners who rely on their professionals to guide them. Oft en, a lack of perceived interest from residents causes boards to relax their meeting structures.” In Closing... While there is some clear variance from state to state, some common themes emerge from how boards should conduct meetings: objective; advance notice; effi cient and struc- tured participation of owners and sharehold- ers; and a delineated agenda. A board who follows this basic rubric is likely to preside over an eff ective association. n Mike Odenthal is a staff writer/reporter for New England Condominium. CONDUCTING... continued from page 15 See Our Display Ad on Page 5