Page 8 - New England Condominium August 2020

8 NEW ENGLAND CONDOMINIUM -AUGUST 2020 NEWENGLANDCONDO.COM A NEW WEBINAR SERIES! Tune in, ask questions, and gain professional insight to help your community thrive! Sponsored by experts from across the multifamily residential industry, our FREE ‘town hall’ style conversations cover the issues board members and managers deal with every day. FREE REGISTRATION AT NEWENGLANDCONDO.COM/EVENTS to the level of violence is considered crimi- nal—and as such should be reported im- mediately to the police. The New York City Commission on Human Rights defines dis- criminatory harassment as “threats, intimi- dation, harassment, coercion, or violence that interferes with a person’s civil or con- stitutional rights and is motivated in part by that person’s actual or perceived race, creed, color, national origin, gender, sexual orien- tation, age, disability, or alienage or citizen- ship status, or other protected status.” Mark Hakim, a New York City attorney with the firm of Schwartz Sladkus Reich Greenberg Atlas specializing in commu- nity law, defines criminal harassment as State Requirements? As with most issues governing business ac- tivities in the United States, there’s not much subjects of interest to all board members, and in the way of national uniformity. Require- ments (or the lack thereof) are set at the state venience and (more recently) to enable social and local level. Sheila van Duyne, a community law at- torney and principal of the Van Duyne Law Firm in Reno, Nevada, points out that in her state, “New board members need to comply with NRS 116.31034 and certify that they have read and understand both their govern- ing documents and NRS 116.” Nevada Revised Statute (NRS) 116.31034 states, “Each member of the executive board shall, within 90 days after his or her appoint- ment or election, certify in writing to the as- sociation, on a form prescribed by the Ad- ministrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability. The Adminis- trator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Om- budsman pursuant to NRS 116.31158.” “Typically,” says Van Duyne, “new board members do go through an educational semi- nar of some sort. We offer a new member ‘bootcamp,’ for instance. Board members are encouraged to attend educational events and classes.” Both CAI’s New England Chapter and other regional organizations offer courses of all types for board members. Often there are also one-time or one-day events on particular the majority are offered online, both for con- distancing. n A.J. Sidransky is a staff writer/reporter for New England Condominium, and a published novelist. WHAT NEW BOARD... continued from page 7 HANDLING... continued from page 1 “the intent to harass, annoy, or alarm an- other person in or about public places, en- gage in conduct, or repeatedly commit acts peers. Contrary to the “sticks and stones” which alarm or seriously annoy the victim, adage that we all followed in grade school, and serve no legitimate purpose.” He notes words can and do hurt. When hurtful words that proving criminal harassment is often are used repeatedly over time against an in- a matter of proving the perpetrator’s intent dividual without provocation, it can consti- or purpose—which can be very difficult in tute harassment. Florio defines a harasser the absence of any substantive indication as “someone who is consistently abusive or of what someone is thinking or feeling in a insulting to you,” adding that the legal defini- given moment. That means that “the same tion of harassment “is no different in a mul- behavior repeated in different circumstances tifamily building.” may be harassment in one case, but not in the other,” Hakim continues. Ellen Shapiro, a partner at the law firm of tion requirements when it comes to disputes Goodman, Shapiro & Lombardi, which has involving housing. Florio explains that his offices in Massachusetts and Rhode Island, state’s Condo Act stipulates that “any type of has a similar perspective. She says, “Harass- ment is a very personal issue. What of course ternative dispute resolution, or ADR \[before may be harassment to one person may mere- ly be conversation to another.” Often, the attorneys indicate, it comes including an accusation of harassment. down to context and language. Michael C. Kim, of counsel at Schoenberg Finkel New- man & Rosenberg, LLC, in Chicago, says ing board members or building employ- that “it could even be a matter of personal ees—the ADR clause goes into effect. In this style—like in a restaurant where a server process, the parties must meet with an inde- calls a customer ‘dear’ or ‘honey.’ In certain pendent arbitrator or mediator to come up contexts, that’s not necessarily problematic; with a mutually satisfactory resolution. The nothing inappropriate is being suggested. ADR option is available to anyone involved But in other contexts, where that kind of fa- miliar behavior isn’t normalized or expected, Jersey condos, co-ops, and HOAs (in addi- it isn’t appropriate.” Chris Florio, attorney with Stark & Stark housing), the process is mandatory before a in Lawrenceville, New Jersey, equates ha- rassment with the bullying that children unfortunately might experience from their Harassment in Housing Unlike New York, New Jersey has arbitra- housing-related dispute must be provided al- escalating to litigation\]. Almost anything that happens in a condo can trigger this”— In the Garden State, when conflicts arise between residents—including those involv- in any civil dispute, of course—but in New tion to rental apartments and other types of case can be considered for escalatory pro-