Page 9 - New York Cooperator February 2019

COOPERATOR.COM THE COOPERATOR — FEBRUARY 2019 9 ROSENWACH TANK THE FIRST NAME IN QUALITY CEDAR WOOD TANKS WE ARE CERTIFIED and IT MATTERS! 718.729.4900 43-02 Ditmars Boulevard, 2nd Fl., Astoria, NY 11105 www.rosenwachgroup.com Rosenwach is proud to announce that Rosenwach’s tanks are certified to NSF/ANSI 61 by NSF International, a leading global independent public health and safety organization. NSF/ANSI 61 addresses crucial aspects of drinking water system components such as whether contaminants that leach or migrate from the product/material into the drinking water are below acceptable levels in finished waters. To receive certification, Rosenwach Tank submitted product samples to NSF that underwent rigorous testing to recognized standards, and agreed to manufacturing facility audits and periodic retesting to verify continued conformance to the standards. The NSF mark is our customers’ assurance that our prod- uct has been tested by one of the most respected indepen- dent certification organizations. Only products bearing the NSF mark are certified. where you live, it’s important to note that impersonal methods of outreach – like email – should not be a substitute for actually interacting with constituents in person. “Email should not be used to eliminate or avoid discussion at board meetings,” warns Allison L. Hertz, a senior associ- ate with Kaye Bender Rembaum, a law firm that has offices in Pompano Beach and Palm Beach Gardens, Florida. “In most circumstances, board meetings are required to be open to members \\\[so\\\] the members of the association are able to hear how the board makes its decisions. “That said,” she continues, “meeting minutes should be minutes. They should not be a transcription of the entire meet- ing. Such a document could be used against the association and could result in association liability.” Even when withholding some infor- mation from unit owners seems like the prudent thing to do, a board should still consider how owners may react to the basic idea of being left out of the loop. Moriarty recalls one instance in the mid- dle of a construction defect litigation: “A group of unit owners were demand- ing the release of the board’s expert en- gineering report. On advice of counsel, and to preserve privilege, the report – which had been prepared in anticipation of litigation with the developer – was not disclosed. The board didn’t withhold the report to keep it from the owners; it was withheld to keep it from the developer and other defendants in the lawsuit. This was a perfectly reasonable decision, and it could have been easily communicated to unit owners, but it was not. Because of this, a group of unit owners actually started to act against the interests of the association with regard to the report, simply because they did not understand the reason why the board was withhold- ing it. This resulted in months of conflict, acrimony, and cost.” “Even fairly minor changes, like alter- ing the hours of the laundry room, can create issues for some residents,” adds Axinn. “Any change in policy should first for the greater good. A board must know board could not divulge to the unit own- be fully disclosed in a memorandum to all how to walk this delicate line. the shareholders at least 30 days before it goes into effect.” The Perils of Oversharing Of course, there is a point at which re- vealing too much information to residents not be conveyed,” says Moriarty. “For in- can be detrimental (or just overwhelm- ing), and as such it needs to be withheld negotiating a landscaping contract, the “In addition to instances where infor- mation cannot be disclosed because of gotiation would learn that information, privilege or legal prohibition, there are and all leverage would be lost. Similarly, times when specific information can- stance, if the board were in the middle of ers its bottom-line contract price because of the risk that the other party to the ne- if the board were suing the developer for construction defects, the board could not “It’s essential to pay attention to the details, or there can be problems in the future.” — Mark Axinn continued on page 20