Page 36 - NY Cooperator Expo April 2019

36 THE COOPERATOR —APRIL 2019 COOPERATOR.COM Providing a Full Range of Architectural & Engineering Services In-house professional expertise in: Exterior Restoration & Historic Preservation Construction Inspection Alteration Review Architectural Design Engineering: n Mechanica l n Electrical n Plumbing n Structural Energy Audits Forensic Investigation Façade Safety Inspection Program Reporting Green Design – LEED Professionals Client satisfaction assured by the active daily involvement of the firm’s principals www.lawlessmangione.com info@lawlessmangione.com 914.423.8844 R unning a community association requires boards and managers to work with people from all walks of life, including those who have unique expe- riences, wants, needs, and challenges. That may also apply to people with behavioral or mental health issues. In some cases, a resi- dent may be quite open with neighbors and others about a diagnosis in effort to create awareness within their community and de- fuse confusion or concern should they ex- perience symptoms. But in other instances, behavioral or mental health challenges can be undiagnosed or undisclosed, in which case the board or management may be per- plexed as to how to deal with an individual who’s behaving in an unpredictable, erratic or disruptive way. Regardless of the specific scenario, all residents deserve to be treated with dignity and respect – and that mandate starts with boards and management. When behavioral or mental health factors are objectively in play, an association may find itself liable for damages should they fail to treat a resident with the appropriate care. The Cooperator spoke with several management profes- sionals and attorneys in order to help pro- vide associations with best practices for dealing with residents living with behav- ioral or mental health issues. Ira S. Goldenberg, Esq., a partner with Goldenberg & Selker, LLP, in White Plains, New York “I’ve seen managing agents fail to un- derstand that they’re acting at a board’s direction. When a managing agent acts beyond the scope of what the board tells them to do, it can immediately create a problem for that managing agent. So in dealing with a difficult resident, where you don’t know what type of reaction they’ll have or how they’ll respond to a request, I’d suggest that the manager always get clear instructions from a board, and always have a witness with them whenever they go out to visit such a resident. And I would make sure that the insurance for both board and manager is up to date and covers this type of situation. “If there’s a legitimate mental health problem or disability, there may be an Americans With Disabilities \\\[Act\\\] (ADA) issue. And you don’t necessarily need a formal diagnosis for that, by the way. You can have a doctor’s note \\\[verifying the dis- ability\\\], but sometimes there’s a grey area where someone may have a disability and be claiming an accommodation – and at least initially, a board or manager \\\[should\\\] be guarded and take that claim seriously. Emotional support animals is always a Managing Mental Health Issues Addressing Residents With Sensitivity BY MIKE ODENTHAL MANAGEMENT ISTOCKPHOTO.COM See us at Booth 306