Page 5 - NY Cooperator September 2020

COOPERATOR.COM THE COOPERATOR — SEPTEMBER 2020 5 Help your residents get the extra space they need right now. Bargold will turn your unused building space into a secure, state-of-the-art storage facility FOR FREE . We will handle everything from start to finish, and we’ll PAY YOU monthly. Contact us today! WWW.BARGOLD.COM Our Investment. Your Return. (718) 247-7000 Storage4U@bargold.com Our Investment. Your Return.Your Return.Your Return.Your Return. Just when you thought the nest was empty...they’re back QUESTIONS & ANSWERS Legal Q A& Guidelines Are Just Guidelines Q Our co-op board claims that they are adhering to government guidelines by barring all visitors, housekeepers, repairmen, etc. from enter- ing the building. However, these are just guidelines and it is up to the board to de- cide what rules to implement. We have had no communication or updates since March 12. Please clarify who sets the rules, thanks. —Seeking Clarity A According to Martin Kera of New York City real estate law fi rm Kera & Graubard, “Th e board of directors sets the rules. Th e NYC Department of Health has issued guidelines that are not mandatory and are subject to frequent change. Th ese guide- lines are minimum standards. In addition, the City of New York has issued some man- datory rules for which the building can be fi ned if in breach. One of those mandatory rules is to post signs limiting the occupancy of elevators in the \[cabs\] and on each fl oor. Th e rules apply only if there is an open con- struction permit in the building, but eleva- tor consultants are recommending that all buildings post signs. Another \[mandatory rule\] until recently was \[that\] brokers could not show apartments for sale. “Your co-op board has a fi duciary duty to protect the health and safety of the resi- dents. Th e board has the discretion, in the exercise of its sound business judgment (which governs co-op board decisions), to institute additional rules that they decide would be benefi cial to the residents. Th e rules that you question are quite common throughout the city. Many co-ops bar peo- ple from moving out or moving in. Th us, you have a situation where someone pur- chases an apartment but cannot move into the apartment. New furniture cannot be delivered. Everyone must wear a mask in the common areas. As the city opens up, the co-op board can exercise its discretion in determining whether or when to relax these rules.” How to Fire a Super Q I live in a condo in Westches- ter. We have a super who has been here for 20 years and he doesn’t do a thing except empty garbage and maybe vacuum the hallway. When the board members ask him to do something, he frequently refuses—yet he tells the unit owners to send emails to our management company telling them how good he is. He is very selective with which owners he helps York law offi ce of Anderson Kill. “If so, the in the building. How can we fi re him? —Tired of Th is Nonsense A “Initially, we need to know os applies, then the super is an employee-at- if the super’s employment is will, and may be fi red for any reason or no tendent’s employment, the board can issue governed by an employment reason, at any time, provided that the termi- agreement or union contract,” says Andrew nation is not for a discriminatory reason, or Wagner, shareholder attorney with the New retaliatory in nature. manner in which he can be disciplined or boards are aff orded protection by the Busi- terminated would be governed by those ness Judgment Rule, which insulates boards agreements. “Assuming neither of the above scenari- “Generally speaking, condominium from liability for decisions made in good faith. Given that there appear to be legiti- mate reasons for terminating the superin- a termination letter and request that he turn continued on page 14