Page 16 - CooperatorNews NY March 2021

16 COOPERATORNEWS — MARCH 2021 COOPERATORNEWS.COM Providing Practical Legal Advice and Representation to Cooperative and Condominium Associations for More Than Forty Years • General Counsel • Residential and Commercial Real Estate and Leasing • Real Estate and Commercial Litigation • Mortgage Financing • Commercial, Corporate and Business Law • Comme • Mitchell-Lama Housing • Transfer Agent Services • Construction Law and Gas Conversions Jack Lepper: jlepper@kll-law.com Ronald Gold: rgold@kll-law.com Adam Finkelstein: afinkelstein@kll-law.com Fran Lawless: flawless@kll-law.com Fran L The Bike Stacker • Staggered, formed bike trays hold any style bike upright • Tear drop tire slot (pat. pending) • Made of 1/8” steel angle and 14 GA steel formed channel • Heavy-duty 11 GA steel • Vinyl sleeve protects wheel rim • Installs easily...with two 1/2” round holes for wall mounting • Includes security cable • Heavy-duty 11 GA steel • Vinyl sleeve protects wheel rim The Wall Riderhe Wall Rider • Heavy-duty 11 GA steel T ® Serving The New York Area For Over 20 Years. WireCrafters.com | 800-808-1860 | info@WireCrafters.com Tenant Storage Solutions • Single or double tier • Industrial grade construction • Installation service available Tenant Storage Lockers & Package Delivery repairs in a rental apartment even though ments, they aren’t doing extra work for a tenant is occupying it, the owner of a co- operative or condominium unit is respon- sible for many of their own repairs within transgress rules and protocols you opted the apartment. “Typically, as a general rule of thumb,” Schechter continues, “shareholders and unit owners are responsible for whatever is within the four walls of their individual unit, and the cooperative or condominium is responsible for everything in the com- mon areas of the property, and any build- ing system that serves more than one apartment. However, there are some gray areas where it is not always obvious who is responsible for the maintenance and re- pair; for example, HVAC systems, plumb- ing risers and valves, and windows.” Read the Fine Print The pros agree that the best way for a want their buildings to have procedures new shareholder or unit owner to educate for alterations,” says Schechter, “because a himself/herself about individual respon- sibilities is simply to read the governing for an intended renovation can have dan- documents for the building—and if ques- tions arise, or if any of the legal terminolo- gy throws them, to ask for clarifi- cation from their closing attorney or another quali- fied legal expert. “There’s no application pro- cess in condo purchases” as there is in a co- op, says Shapiro. “Condo buy- ers get a copy of their governing documents from their attorney—if he’s worth his salt—but supplying it isn’t re- quired by law. Typically, the documents don’t apply to me’ attitude. It happens in can be found at the local registrar of deeds. particular when unit owners interact with Attorneys should include these documents managers; ‘You can’t tell me what to do, I in a purchase and sale agreement that the pay your salary.’ Unit owners may even go seller will provide to the buyer. If they’re outside and try to intervene with vendors not in the purchase and sale agreement, like gardeners, pavers, etc. We’ve known of the seller has no obligation to do so in vendors walking off the job because of in- Massachusetts.” Shapiro adds that “more often than not, in many communities.” buyers don’t review these documents. They don’t understand the importance of them. owners and co-op shareholders are well They often don’t want to pay their attorney advised to learn how their communities to review the documents for them either— but that’s a big mistake. A good example of can Dream, but it’s best not to turn it into why that is is when a purchaser has a dog, your own personal nightmare through a but the community has a ‘no pets’ policy lack of understanding of how your com- and the new unit owner didn’t know that munity works and how it affects you. until after moving in. “You can’t legislate or mandate taking a class to learn about documents,” Shap- iro notes. “It would be unenforceable. It’s a question of human behavior and mindset. People don’t want to be told what they can and can’t do in their home. Owners not in compliance will often say, ‘I wish someone had told me this—I’d never have bought a condominium.’ If you’re not willing to pay your lawyer to read and explain the docu- free”—and consequently, you may wind up with some unpleasant surprises if you out of learning about. You Can’t Always Get What You Want Committing to living in a multifamily community means ceding some control over your home to the common good. Many shareholders and unit owners react negatively to interference in their deci- sions and choices, but this is a fact of life, especially in co-ops, where boards have approval rights over almost everything— particularly if it involves any kind of alter- ation work. In a single-family home, you can add a whole floor if you want to; in a co-op, it’s not so easy. “Unit owners and shareholders should failure to carefully review proposed plans gerous consequences. In addition to an alteration application or agreement, the shareholder or unit owner should also submit a descrip- tion of the proposed alteration and ar- chitectural plan, if necessary. These plans should then be approved by the building’s architect or engineer before the work is allowed to commence.” Shapiro concurs with Schechter’s observations. “It happens all the time,” she says, “the ‘rules terference from owners. It’s a real problem In the final analysis, both condo unit work. Homeownership may be the Ameri- n A J Sidransky is a staff writer/reporter for CooperatorNews, and a published novelist. A LOOK AT... continued from page 15 “The biggest misconception condo owners have is that the board exists to serve the owners individually.” —Ellen Shapiro