Page 10 - NY Cooperator May 2019

10 THE COOPERATOR — MAY 2019 COOPERATOR.COM DESIGN S o, you want to renovate your kitchen. with Chicago-based law firm Michael C. Kim You’ve chosen your tile, cabinetry, and & Associates, explains that the term ‘alteration fixtures. You’ve gotten bids from several agreement’ as such isn’t used for condomini- contractors, and are ready to dig in and over- haul the whole space. But not so fast. You live in a co-op. You the same issues. “When a unit owner wants need board approval before the first ham- mer falls. The same goes for you if you own a tion work within their unit,” he says, “the first condo. The first step is what is known in the thing they must look toward is the declaration world of community living as an alteration agreement. What’s an Alteration Agreement? “An alteration agreement,” says Phyllis rules and regulations. What you commonly Weisberg, a partner at Armstrong Teasdale, a see is that unit owners have a right to make law firm located in Manhattan, “is the docu- ment that signifies the board’s consent to a but those changes or remodels can’t adversely particular alteration by a shareholder or unit impact the common elements.” owner, and sets forth the terms and conditions under which consent is given.” Weisberg goes Chatt & Prince, a law firm with offices in on to explain that “Without such an agree- ment, the responsibilities of the person per- forming the alteration would never be spelled some boilerplate language indicating that in out. These include, among other things, pro- viding insurance coverage as specified by the performed by a contractor. Before that hap- board, and the necessary indemnities of the pens, the owner must submit the proposed co-op/condo and others. Without such an work, along with information on the con- agreement, the board’s right to shut down a tractor and an insurance certificate with the job would also not be spelled out. This is of association named as an insured,” to the as- particular importance if the job goes bad; if sociation. For all intents and purposes, these a contractor is creating issues in the building, requirements mirror what is requested in an such as by causing damage or excessive and alteration agreement by a co-op board. unreasonable noise; if the work exceeds the permissible scope; or if the job runs over the time allotted for the project.” Kristopher Kasten, an associate attorney co-op and condominium buildings for over um buildings in Illinois. However, there are documents, rules, and regulations that govern to do some kind of remodeling or construc- and bylaws of the association to determine what those governing documents say. The next step would be to review the association’s changes to their units without board consent, William Chatt, a partner at Cervantes Chicago and Burr Ridge, Illinois, adds that in the condominium documents, “there will be the event a unit owner is going to have work How It Works in Real Life and Real Time Meryl Sacks, President of Sacks Real Estate Management in New York City, has managed ISTOCKPHOTO.COM Alteration Agreements The Prerequisite to Any Project BY A J SIDRANSKY 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 E-mail: mschneider@schneiderbuchel.com WWW.SCHNEIDERBUCHEL.COM 462 Seventh Avenue, Suite 1600 New York, NY 10018 P: 212.485.9400 666 Old Country Road, Suite 412 Garden City, NY 11530 P: 516.393.5555 For more information, please contact: Marc H. Schneider, Esq. Full Service Law Firm for Cooperatives, Condominiums and Homeowner Associations LEGAL GUIDANCE — RESOURCEFUL SOLUTIONS