Page 12 - NY Cooperator October 2020

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Some relating to the common areas, the board can challenge fines when they believe they haven’t enforce it,” he says. “They can’t make one committed the infraction for which they’re about what someone does inside their unit, being penalized, but if they have done it, though. Say they might want to limit rent- als in any number of ways. They might not ample of illegal parking. “If there’s evidence of want more than a certain number of the to- tal units—say, 10 percent —to be rented. Or rather than challenge the fine,” he says. “If you they don’t want one person to own more than put the fine on the unit owner’s account and a certain number of units. That would be a it’s a lien and you leave it there, it can be effec- problem. They can’t do that because that’s tell- ing unit owners what they can \\\[or cannot\\\] do inside their unit. Boards can make rules about behavior,” Brooks continues. “If you move what you can put on your deck, or where you can park your car, but not who can live in your unit or what or who you can put in your unit. Boards are in charge of common areas of the associa- tion.” Persuasion vs. Coercion Boards and man- agers walk a fine line when dealing with neighbors in residen- tial communities such as co-ops, condos, and HOAs. While the un- written covenant is to make that extra effort ignore rule-breaking for too long. “Let’s say to live within both the letter and the spirit of someone builds something they’re not al- the rules and get along with your neighbors, lowed to—like a bench. If no one says any- conflict inevitably erupts. Clearly, the first thing for too long and others do the same, and attempts at getting community members to then a new board comes in and tries to en- at least coexist harmoniously is to persuade force the no-benches rule, it becomes much them—nicely—to ‘go along to get along.’ “Generally, I find the most effective way for too long,” and it becomes a fact on the of getting folks to play by the rules is to dis- cuss it with them and encourage open com- munication,” says Hakim. “Obviously, if that does not work, then the threat of enforcement boards can take against owners and share- is next, followed by fines, if applicable. Resi- dents must remember that they do not live in their access to community amenities, like a a bubble and what they do can adversely affect pool or a gym. Both Brooks and Hakim ad- the quality of life of those who live nearby.” Hakim’s mention of fines brings up one commonly used ‘stick’ that may be employed ing documents to do so,” says Hakim, “we do after the ‘carrot’ has failed to achieve compli- ance with community rules. “Typically, for a board revise its governing documents to per- fine structure to be upheld by a court, the gov- erning documents—the proprietary lease or fines for a breach, and other remedies such as bylaws—must permit the enactment of it. If removal from the board, if a board member.” it is not permitted, then an amendment to the lease or bylaws is necessary, but may be dif- ficult to obtain, given the voting threshold of association. “It’s difficult to do in Massachu- many buildings. Once it is permissible, then setts to begin with,” he says. “How do you en- a house rule setting the fine structure should force it? It can become very ugly. If an owner be enacted, and a copy delivered to all resi- dents. If a shareholder or unit owner does not divided interest in the common areas in the pay the fine, it will be added to their account, deed. How do you take that away? I don’t like and must be paid at some point; it doesn’t just it, but sometimes owners don’t challenge it, so go away. I explain to boards that they should it can in some cases be effective.” maintain the records of that fine to avoid it later being challenged without the building having documentation of it.” According to Brooks, fines are a necessary ment. “Fines are the most effective means of enforcement, because people control their though, they tend to pay.” Brooks uses the ex- the behavior, like a photo, the person will pay tive because it gets to them, and it grows. “This method also tends to curb the bad the infraction to your association’s attorney after multiple fines, the attorney will instigate a fore- closure or court injunction and order payment, plus legal fees. At that point, the owner will defi- nitely pay atten- tion.” Brooks also cautions that no matter how large or small the association, boards should never more difficult. You’ve allowed the infraction ground. Limiting Access to Amenities Another potential disciplinary action holders who flout the rules and regs is to limit vise against this. “Absent express permission in the govern- not recommend it. We recommend that each mit, if not already included, the imposition of Brooks sees barring owners from common areas or amenities as very detrimental to the is revoked access, he might say he has an un- LIVING... continued from page 1 “Residents must remember that they do not live in a bubble and what they do can adversely affect the quality of life of those who live nearby.” —Mark Hakim