Page 46 - NY Cooperator Expo April 2019

46 THE COOPERATOR —APRIL 2019 COOPERATOR.COM 60 Cutter Mill Road, Suite 303 Great Neck, NY 11021 Phone: (516) 466-3100 www.MajesticPropertyMGT.com Specializing in: • Quality Management Services • In-House Expertise in Cooperative/Condo: › Budgeting/Financial Planning, Taxes, Insurance • Cooperative/Condo Sales • “24/7” Emergency Answering Service • General Contracting and Supervision of Capital Improvement Projects M ajestic PROPERTY MANAGEMENT CORP. A Leader in Propetrty Management for 30 Years It’s one of the most important things we do!!! There were many factors in our developing a Green Management Program to conserve energy and save money; most of all, we wanted to create a healthier environment for our children. Ira Meister, President | 375 Pearl Street - 14th Floor | New York, NY 10038 T: 212.699.8900 F: 212.699.8939 imeister@matthewadam.com | matthewadam.com We invest in Future their sub-market. Woofter thinks the Boston is still a ro- bust seller’s market. Available housing stock for sale is still very low, and he isn’t expecting a correction. “Existing zoning regulations don’t provide for new housing,” he says. “Additionally, most new condo- minium buildings don’t have rental restric- tions, and many foreign buyers continue to buy units simply to protect their wealth, even though they don’t live in the unit.” Overall, 2018 was a mixed-to-down year for condo and co-op markets nationwide. The general expectation for 2019 is more of the same. Clearly, tax considerations, rate fluctuations, and political uncertainty are major factors going forward. Perhaps the best advice to keep in mind is from Marks: “Markets are not dictated by what you want as the seller, but rather what people are willing to spend – as well as what you’re willing to accept. Sellers like to think about their ‘net’ profits, rather than thinking about what buyers are willing to pay.” In a buyer’s market, it doesn’t work that way. n A J Sidransky is a staff writer/reporter with The Cooperator, and a published novelist. MARKET... continued from page 45 probationary period and are at-will em- ployees,” Arel adds. “That means that they can be let go at any time and for no rea- son. However, that also means that the em- ployee can leave at any time. As such, the board needs to understand that it is making an investment in its community, and in the individual that it is hiring.” Legal Considerations Evaluating and properly screening a po- tential super is not only a practical matter for an association; it can be a legal one as well. In order to stay on the right side of local labor laws and avoid liability risks, a board should make sure that it’s perform- ing its due diligence in the screening, inter- view, and hiring process. There are certain questions that a board should ask itself about who this super is, and what tasks he or she should be per- forming, according to Ellen Hirsch de Haan, an HOA and condo attorney with Wetherington Hamilton in Tampa, Florida: “Does the person need any licenses or spe- cialized training to do the job? If so, the board will need copies of those licenses, and documentation of any training. What is the scope of all of his or her duties and tasks? That needs to be specifically spelled out in a thorough job description. Does this person have the authority to spend money? If so, with whose approval, and how much? Were they fired from any prior jobs? Will they be supervising staff? If so, they should have human resources training HIRING A SUPER... continued from page 23 regarding discrimination and harassment. Will they be interacting with the residents? Are there any circumstances in which the super would be inside a home or other- wise on private property? What are those circumstances, and what are the rules of engagement?” Hirsch de Haan also strongly recom- mends that boards “be sure that the asso- ciation attorney assists in creating a com- prehensive contract, which covers not only the job requirements, but also salary; per- formance reviews (how frequently, and by whom); vacation and personal time; holi- day hours; overtime; term of contract; and conditions of termination with and with- out cause.” “Hiring an employee is a wholly dif- ferent ballgame from hiring a contractor,” notes James Stevens, a principal with Chu- hak & Tecson, a law firm in Chicago. “We generally recommend that associations speak with their attorney to review the fed- eral, state and local laws that may apply to that employment relationship. Laws that relate to wages, termination, and minimum insurance requirements may depend on the number of employees that the associa- tion has, and increases and decreases can change which requirements apply. A good rule of thumb is that getting into the em- ployment relationship should be as easy as getting out of it, if at all possible. In the real world, navigating that relationship – or the end of it – can be made far easier with an employee handbook or contract.” Associations should also take into ac- count the physical requirements of the su- per’s job, and state them clearly in the job description. “Subject to counsel’s recom- mendations – because some requirements may be impermissible – it’s useful to list the physical needs of the particular position, if any, so that there are clear expectations,” Stevens says. “Though we hope it doesn’t happen, workplace injuries and workplace disability issues come into focus if an em- ployee is injured while working on the job. The physical requirements of the job, if outlined clearly, can help to resolve these issues if they unfortunately arise.” “One of the most important questions to ask is whether the board’s counsel is suf- ficiently versed in employment matters to guide the association through the pertinent employment law issues,” Stevens continues. “Employment law is just as specific as con- dominium and cooperative law, and may be something for which experienced advice is paramount.” Your building or association’s super is a key player in the smooth operation of your community – so finding the right person for that position is a serious undertaking for any board. With a clear sense of needs and expectations, good advice from profes- sionals, and a firm grasp of everything the job entails, your board can position itself for success in the super search. n Mike Odenthal is a staff writer/reporter for The Cooperator.