Page 15 - CooperatorNews New York September 2021
P. 15

COOPERATORNEWS.COM 
COOPERATORNEWS — 
SEPTEMBER 2021   
15  
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 
dential floor must be a second floor. Addi- 
tionally, walls must have ‘give’ on first floor  it’s critical to put appropriate capital reserve  
walls to allow water through. This maintains  plans in place. 
structural integrity of the building. The walls  
will give way to the pressure of waves with- 
out causing structural problems.” 
Newer  standards  also  recommend  “get- 
ting your critical infrastructure high above  “In today’s construction, we are very mind- 
the floodplain,” Keating continues. “Unless  ful of climate change,” he says. “Everything  
you have a full ring around you, dikes don’t  from paint, to compound, to insulation and  
work.” This means that both owners of ex- 
isting properties and builders of new ones  eco-friendly green standard. Green building  
must place critical building systems above  materials with low/no embodied carbon are  
the potential water line. In many cases, that  on the rise. These materials produce little to  
now means the second floor rather than in a  no carbon or other greenhouse gases, and  
basement, because the second floor has less  are overall environmentally more beneficial.  
residential value than higher floors, and less  Many projects are now one hundred percent  
commercial value than the ground, or first,  green. Architects are really stepping it up as  
floor.     
Zimmerman concurs, adding, “There is a  hering to new building requirements. They  
trend to move utilities upstairs, out of base- 
ments. Over time, with higher water levels,  
etc., it makes sense to move infrastructure  “The timeframe to make your plans is now,”  
to higher ground or levels. In the end it’s a  says Keating. “Don’t wait. Insurance is get- 
more  cost-effective solution. In  beachfront  ting more and more complicated. Insurance  
properties on Long Island, we notice more  companies always look to avoid risk, so they  
and more that utili- 
ty boxes are built on  
platforms free of the  
building and five to  
six feet above grade  
because of storm  
surges. We  learned  
this from Sandy.” 
Another major  
concern is reduc- 
ing the environmental impact of residential  worth the risk. There will be fewer and fewer  
buildings. In New York City, the enactment  companies offering protection.”   
of Local Law 97, requiring the reduction of  
individual carbon footprints, phases in over  also consider the future well-being of their  
the next decade. It brings strict requirements  physical plant. “There should be some kind  
for all building owners—including co-op  of best business practice, like guidelines for  
and condominium properties—to control  what kind of reserves must be maintained,”  
energy use. “Rising temperatures are ironi- 
cally increasing energy use,” says Varsalo- 
na. “More electricity is needed if you have  for instance, so that money is available for  
steam-generated systems, for instance. Sadly,  major capital expenditures. Boards should  
the impact is that you use more energy to  hire architects and engineers to explore their  
combat the changes, which perpetuates the  vulnerabilities—and as we learned from the  
cycle. We must come up with ways to update  Surfside condo building collapse in Florida,  
old systems and make them more efficient.  reserve funds will become more and more  
We must start planning and retooling now,  critical.  No  board president  wants  to  be  
not only to achieve our climate goals, but to  faced with a report that says the  property  
also not be penalized by the new law.” Re- 
treating from fossil fuels to more sustain- 
able, renewable sources like solar energy is  
optimal here, if not easy. 
In terms of maintaining and preparing our  late.” Climate change is no longer an abstract  
buildings for worsening conditions, the pros  concept to be debated based on what side of  
say it’s critical to put capital improvement  the political divide you place yourself on. It’s  
plans in effect now. Zimmerman stresses  real, and according to both the science and  
that circumstances have changed. “Saltwater  the practical advice of professionals work- 
rots out power lines,” he says. “Driving rain,  ing in the field, it’s time to start acting, rather  
hotter heat, and colder cold has a corrosive  than reacting. At this point, an ounce of pre- 
effect on all mechanical systems, long term.  vention is worth way more than a pound of  
We might not see the effect in the short term,  cure. Start mitigating now.                             
but we will see it in the deterioration of roofs,  
facades, and infrastructure happening that  
much sooner. We might have gotten 30 years  
from a roof before. Now we will get 20 or 25  
years. It’s a harsher environment—and that’s  
the real effect on the built environment”—so  
Practical Applications 
Edwin Suarez, president of New York- 
based Jomavi Contracting, observes that  
changes in approach are already underway.  
other materials have changed to fulfill an  
well, in both how they plan a job and in ad- 
are taking climate change seriously.” 
Another  concern  is  risk  management.  
may refuse to insure  
some projects or  
buildings. The more  
storms, 
wildfires, 
etc., we have, the  
more insurance pre- 
miums will go up— 
and [may] reach  
a threshold where  
insurers feel it’s not  
Co-op and condominium boards must  
says Zimmerman.  “Required capital funds  
of a certain percentage of value of property  
needs millions of dollars of work and they  
have $100 in the reserve account.”   
“You’ve got to do it now,” says Varsalona.  
“If you don’t start now, you will be caught  
n 
A J Sidransky is a staff writer/reporter for  
CooperatorNews, and the author of several  
published novels.  
“The timeframe to  
make your plans is  
now.” 
       —Kevin Keating  
   13   14   15   16   17