Page 10 - New York Cooperator February 2019

10 THE COOPERATOR — FEBRUARY 2019 COOPERATOR.COM BOARD RELATIONSHIPS Board Demographics Old Guard Versus New Blood BY A.J. SIDRANSKY V olunteerism is arguably the bed- rock of co-op and condominium “Absolutely not,” says Mark Hakim, a co-op communities. One buys into one and condo attorney with Schwartz Sladkus or the other with the expectation of par- ticipating in the governance and operation City. “You cannot create age limitations of of the property. Volunteering for board or any kind relative to the board. It’s illegal. committee service, though, is oft en a mat- ter of time – something many of us don’t and statutes.” have much of these days, especially the ‘ex- tra’ kind. As a result in many communities, man, Shapiro & Lombardi, a law fi rm with it’s the older and oft en retired residents who offi ces in Massachusetts and Rhode Island, have the hours to off er for board and com- mittee service. Th us, boards are oft en domi- nated by older, longer-term residents, which Doing so is asking for a potential lawsuit, in itself isn’t necessarily a bad thing but just because age is a protected class under dis- a fact. It should also be noted that the composi- tion of a board is usually representative of ney located in Chicago, takes a slightly dif- the residents of the building or association, ferent view of the possibility of introducing and diff erent types of communities tend to age as a factor in board composition. “With draw diff erent demographics. So in a small- er community, perhaps a 10-unit co-op in ry,” Kirsch says, “diversity in leadership en- a walk-up building with only studio apart- ments in a newly-fashionable neighbor- hood, everyone living there may be under changing future needs. Staggering a board 40. Th us, that board will likely be composed by age, although a unique take on the situ- of younger people. Conversely, in an over- 55 community, the board will mostly be perspective. Whether to implement such a composed of older people. But these specifi c rule needs to be made on a case-by-case ba- situations may not be typical of most com- munities. Legislative Fix? Can a co-op corporation or condomini- um association do something specifi c with continues. “Will it survive court scrutiny? It its bylaws or rules to require that board seats may very well. Th e association is a private be distributed between various age groups? Reich Greenberg Atlas, LLP, in New York And that’s under both federal and state laws Frank A. Lombardi, a partner at Good- concurs. “Age requirements are illegal,” he says. “Don’t get within a half mile of them.” crimination law. Sima L. Kirsch, a community law attor- the changing demographics of our citizen- ables a greater understanding and ability to plan for an association’s current and rapidly ation, may allow much-needed collective sis based on the operating documents and composition of the association members and needs. “Is this rule discriminatory?” Kirsch www.norrismclaughlin.com Dean M. Roberts Burt Allen Solomon Gerard Proefriedt Ezra N. Goodman Sharyn A. Tritto Michael T. Reilly Norris McLaughlin, P.A., (formerly Szold & Brandwen) offers full service representation of cooperatives and condominiums, based on over 90 years of experience, including:  Construction, professional and service contracts  Commercial, retail and professional leasing  Litigation  Landlord/Tenant proceedings and actions  Corporate governance  Shareholder disputes  Special expertise drawn from other areas of practice in the firm The firm’s cooperative and condominium clients range from smaller buildings to large multi-building developments. All receive timely and responsive service from our team of experienced attorneys. Naureen S. Rashid 875 Third Avenue, 8th Floor New York, NY 10022 t: (212) 808-0700 | f: (212) 808-0844 e: info@norris-law.com ISTOCKPHOTO.COM