Page 14 - CooperatorNews New York June 2022

14 COOPERATORNEWS — JUNE 2022 COOPERATORNEWS.COM www.allconcontracting.com Contact: 66 Brooklyn Avenue Westbury, NY 11590 1.516.333.3339 info@allconcontracting.com Since our founding in 2001, ALLCON Contracting has built a solid reputation and proven track record of producing and delivering high quality construction solutions consistently, on time and within budget. Where Quality Comes First RESIDENTIAL & COMMERCIAL We handle all sprinkler system inspections and violations. • Sprinkler System Design and Installation • Maintenance, repair and service • Flow and Pressure tests • Violation Removals • Monthly Inspections • Stand Pipes and Fire Pumps Big Apple Fire Sprinkler Co. Inc. 64-20 Laurel Hill Blvd. Woodside NY 11377 • 718-205-8580 • Fax 718-205-4590 Email: alevitt@bigapplesprinkler.com = Big Apple Fire Sprinkler_Oct2011.qxp:Layout 1 9/20/11 2:07 PM Page 1 very important—make sure the rules are distributed to the entire community.” Josh Koppel, CMP, president of HSC dispute where a neutral party helps the Management Corp. in Mount Vernon, parties reach an agreement and avoid liti- New York, says when things get heated, gation. management needs to turn to the bylaws and stick to the house rules and policies conflict\\\] before a truly impartial arbiter that have been established in ironing out of facts,” Hoever says. “\\\[However,\\\] it’s a the disagreements. “Notifications and reminders about when you have another person involved. rules are a big help,” he says. “Often when people do not realize there’s a rule, it gets bro- ken. Once man- agement deals with the issue, people go on the defensive. If someone feels like they are be- ing treated dif- ferently than others, they get angry. Examples of similar situ- ations and how other share- holders or own- ers were dealt with sometimes makes someone understand that the rules are the rules for everyone and are enforced equally.” When to Call the Lawyer As a last resort and when all diplomat- ic efforts fail, it’s probably time to bring is final and enforceable in court and there in legal counsel. Or, as Coleman notes, is no right to an appeal. The problem with if someone is threatening the safety of a this is that there is no real opportunity to resident or property, it’s time to reach out challenge the decision of the arbitrator if to the legal team. “When dealing with an irrational in- dividual, sometimes getting a lawyer diator to act as a neutral party to hear involved is an easier path forward and any issues between a member of the com- less stress on a board and management,” munity and the HOA board of directors. Koppel says. “When a board member gets This has proven to be highly successful in cornered in a hallway and put on the spot, working out grievances. it’s always easiest to say, ‘sorry, but the co- op’s or condo’s legal counsel is dealing with this matter. I have no comment.’” Ciarlo feels that the best time to bring ence, it usually does not lead to a success- in legal counsel is at the beginning—be- fore there are any legal issues that need to compromise,” Ciarlo says. “When we to be dealt with. Many of the issues his usually get involved in a dispute among firm gets involved with could have been neighbors or between unit owners and avoided if the board had retained legal the board, things have escalated to a point counsel before problems began. “Many where mediation will not work. There co-ops and condos are run for years very are also few cases we would recommend informally and they do not properly fol- low the rules and procedures set forth same protections and rules to follow as in in their own documents,” he says. “This litigation, and it can be difficult to predict becomes problematic when issues arise. the result.” Having legal counsel come in and review the building’s documents to see if they quicker and less expensive than litigation; need to be updated and make sure that however, it only works if the parties are the existing regulations and procedures are being followed will go a long way in avoiding issues before they even happen.” Mediation and ADR Alternative Dispute Resolution (ADR) is a process that HOAs use to address a “ADR is great because it puts \\\[the little harder to get things coordinated COVID was a double-edged sword because \\\[in the begin- ning\\\] it was still difficult to schedule, but Zoom meetings made it easier.” There are two types of ADR. The first is mediation, where a neu- tral third party helps the par- ties come to a consensus on a settlement on their own. The second is arbi- tration, where a neutral third party acts like a judge and makes a decision, which resolves the par- ties’ dispute. In binding arbitration, the parties agree the decision of the arbitrator one party believes it was granted in error. AR Management often calls for a me- But it’s not for everyone. “Generally, we do not recommend me- diation to our clients, as in our experi- ful result unless both parties are willing for arbitration as parties do not have the One of the benefits of ADR is that it is “Fostering this sense of community and providing regular updates can create an atmosphere where the unit owners realize they are all in this together and noise complaints or renovation issues can be dealt with in a rational and civilized manner.” —Michael J. Ciarlo DEALING WITH... continued from page 12