Page 10 - New England Condominium August 2020

10 NEW ENGLAND CONDOMINIUM -AUGUST 2020 NEWENGLANDCONDO.COM Flynn Law Group 185 Devonshire St., Suite 401 • Boston, MA 02110 617-988-0633 “Quality Representation at Reasonable Rates - $150/Hr.” Contact Attorney Frank Flynn Frank@ ynnlaw-ne.com www. ynnlaw-ne.com ATTORNEYS INDOOR AIR QUALITY • VENTILATION • DUCT CLEANING AIR DUCT & DRYER VENT CLEANING 800-893-1117 www.continentalcleanair.com Property Managers • Multi Units • Associations • Condos Continental clean:Layout 1 12/22/09 11 See Our Display Ad on Page 9 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 7 complaint with their board. Aside from the borderline-harassing substance of the com- plaints, their volume and frequency inter- fered with the timely and effi cient operation of the association. Additionally, each one had to be presented to the NRED, requiring the time and resources to go through that pro- cess, not to mention the money that the as- sociation had to pay for such interventions. On top of all that, every single complaint was unsubstantiated. While not rising to the level of criminality, such behavior costs the entire association—not only in terms of money, but also in terms of good will and harmonious living. Kim recounts a case where a Chicago resident-owner was exchanging emails with the condo’s property manager that, says Kim, “essentially included salutations, clos- ings, and references in text that could be considered overly familiar.” Aft er Kim sent the owner a letter asking him to “modify his communication techniques,” the inappropri- ate verbiage ceased, but so did the owner’s cordial attitude toward the manager. “It’s a tough call, because where’s the mag- ic boundary line?” asks Kim. One clue is, in a word, context. “When an employee isn’t wel- coming of the informality,” notes Kim, “it’s risky to use such language without having that background \[that would imply a more familiar relationship\]. In a high-rise, urban environment, for example. … If you’re using, for lack of a better term, ‘words of endear- ment,’ they’re not off ensive in the same sense as situations when someone uses words of vulgarity or things like that, but it just sets a diff erent kind of tone. “Th ere’s nothing wrong with a cordial relationship with a manager,” Kim contin- ues, “but at the same time you have to be careful that the language that you use is not overly familiar, which can be a distraction to the recipient. Some people are very used to positive expressive language, but the real- ity is that others see it as overly familiar and inappropriate, getting close to stepping over boundaries. It becomes a starting point for more problematic language or behavior.” One somewhat high-profi le case of un- equivocally problematic language and be- havior involved a Queens, New York, condo whose house rules included a provision re- quiring owners to prove their immigration status—in clear violation of New York City’s Human Rights Law. Th is situation came into public focus in 2018 when the building’s manager, Neal Milano, took it upon himself to plaster the building’s lobby with propa- ganda and images that included references to Nazi Germany and other fascists govern- ments. According to reporting by the Daily News, he also harassed residents based on their immigration status, national origin, and race. Aft er a complaint was brought to the city’s Commission of Human Rights, Milano was forced to resign and remove all of the of- fensive posters, replacing them with notifi - cations of the city’s fair housing policies and basic owners’ rights. Two board members of the condo also implicated in the discrimi- natory behavior were forced to resign from their board positions as well. Th e condo as- sociation was required to amend its house rules, removing the discriminatory provi- sion to adhere to the city’s Human Rights Law. Sapna V. Raj of the law enforcement arm for the Commission of Human Rights at the time was quoted as saying, “We hope this settlement sends a strong message to hous- ing providers citywide that New York City does not tolerate discrimination or harass- ment, and that we will not hesitate to take immediate action when we learn of viola- tions.” You Can’t Spell ‘Harassment’ without ‘Ass’ According to the attorneys interviewed for this article, and as evidenced by the cases cited, what carries someone’s unwelcome behavior up to the level of harassment can be summarized as language, context, and in- tent. An annoying neighbor who constantly plays loud music or insults your front yard plantings or asks for outlandish favors might not be harassing you—he just might be an inconsiderate ass. But if the music persists aft er repeated—and documented—requests to cease and desist; or if the horticultural slights contain vulgarities or hostility; or if the solicited favors cross over into ‘too famil- iar’ territory, you would be well advised to escalate the situation to your property man- ager, the board of directors, and the local law enforcement authorities—and possibly all three, depending on the degree and persis- tence of the problem. Board members in all states should be aware of recent changes in federal law that require a condo, homeowners association, or co-op to act when a resident who falls within a protected class is harassed in the commu- nity. Th e U.S. Department of Housing and Urban Development (HUD) established reg- ulations in 2016 requiring all housing pro- viders to investigate harassment complaints and take appropriate action. Failing to do so can land the board in costly and serious litigation if the target of harassment sues the association or fi les a complaint with HUD. Th erefore, it is best to address any reports or complaints of harassment with legal counsel right away. Massachusetts’s harassment preven- tion law is known as Chapter 258E. Th e state off ers a region-specifi c resource guide (www.mass.gov/doc/209a-258e-resource- guide) to assist anyone who feels they or someone they know has been the victim of harassment or abuse. n Darcey Gerstein is Associate Editor and a Staff Writer for New England Condominium. HANDLING... continued from page 9 Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd information you need about a building’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to New England Condominium and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: patgale@yrinc.com. Q&A Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. of ABC Condominium’). “As a practitioner, I can tell you that the most effective methods of dealing with these issues tend to be the most practical. For example, many disgrun- tled gossipers tend to simply fade away if denied the attention they so obviously seek. Another effective tool is positive communication from the association. Keeping the community as informed as possible about association business will limit the opportunity for gossipers to make claims and allegations about sup- posed wrongdoing by the board. Finally, while I would not recommend lengthy public displays of back-and-forth banter, a board can remedy a difficult situation by addressing a problematic communica- tion. I recommend a memo issued to all owners from the board. Even if the iden- tity of the offending party is known, I do not recommend that the board reference it in its communication. In fact, I recom- mend that such memos take the ‘high road’ by avoiding further confrontation and objectively informing the commu- nity. For example, a communication such as, ‘It has come to the Board’s attention that there is a question regarding the use of reserve funds. The Board reminds all owners that we act in the best interest of the community at all times. The Board invites anyone with questions as to as- sociation finances to pose their questions directly to the Board, and/or to review the association’s financial records.’ This type of message can serve to dispel ru- mors of wrongdoing while diffusing a potentially hostile situation.” n Q&A continued from page 5 BetterVent is a NEW kind of Indoor Dryer Vent. www.adr-products.com 1-888-609-5512 Merrill & McGeary 100 State Street, Suite 200 Boston, MA 02109 617-523-1760 • Fax 617-523-4893 Contact: Mike Merrill, Esq. mmerrill@merrillmcgeary.com DUCT/DRYER VENT CLEANING ACCOUNTANTS David A. 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