Page 12 - NY Cooperator June 2019

LAW & LEGISLATION E veryone – including the boards and may be courting by engaging in problematic managers of community associations – behaviors; and help board and residents alike inevitably makes mistakes, or is guilty understand where their own behavior falls on of using poor judgment. And while it’s very that aforementioned spectrum. unlikely that every member of a community will commit outright illegal acts, it’s also not that uncommon. Th ere’s a wide moral chasm between comes to how they interpret and adhere to erring in good faith and actively trying to their community’s bylaws and other govern- swindle one’s co-op or condo community. ing documents. However, things can get murky. Sometimes a board will make decisions that skirt the law by several sets of restrictions,” says Aaron (or governing documents) without breaking Shmulewitz, a partner at the law fi rm of Bel- it, or that comply with the letter of the law kin Burden Wenig & Goldman, LLP in New but not the spirit. In those situations, it can York City. “Th ere are the obvious ones, like be tough for residents to understand the dif- ference between board actions that, while not – which unfortunately some board members illegal, may be improper and possibly warrant still violate – to the slightly-less egregious, like intervention. It’s important for boards, managers and interests, such as those involving contracts residents alike to understand that violations with a vendor that you control – which is can happen on a spectrum, and to have a plan oft en okay, subject to various disclosure and in place to evaluate incidents and respond recusal requirements; to the even milder, like accordingly. Th at response could range from a broker on a board voting to turn down a speaking up at a meeting and putting com- munity administrators on notice that they’ve the hopes that the seller will engage the board strayed from their duties, to unseating a board broker on the rebound. Th en there’s the mild- or individual board member and taking full- on legal action. But how to know what qualifi es as illegal those of a terrace owner in a building that versus what’s just poor practice? A building contains units without terraces.” or association’s attorney can help to identify bylaw violations; advise the board on the po- tential legal (or even criminal) liability they sition of power, the appropriate response can Drawn to Scale First and foremost, boards and man- agement must be on the same page when it “Board members’ behavior is governed ‘Th ou shalt not steal from the building’s funds’ engineering board votes to benefi t your own buyer brought by a diff erent brokerage with est, \[such as\] getting elected to a board in or- der to give voice to one’s own interests, like When a board member or resident be- lieves someone to be abusing his or her po- Board Misconduct Understanding the Diff erence Between Illegal and Improper BY MIKE ODENTHAL 12 THE COOPERATOR —JUNE 2019 COOPERATOR.COM ISTOCKPHOTO.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 TENANT STORAGE SOLUTIONS Serving The New York Area For Over 20 Years. WireCrafters.com | 800-808-1860 | info@WireCrafters.com CONTACT YOUR NEW YORK OFFICE 800-808-1860 Welded Wire Lockers The Bike Stackerhe Bike Stacker T ® The Wall Rider • Single or double tier • Industrial grade construction • Installation service available • Solid 16 GA sheet metal lockers also available • Staggered, formed bike trays hold any style bike upright • Tear drop tire slot (pat. pending) • Made of 1/8” steel angle and 14 GA steel formed channel • Heavy-duty 11 GA steel • Vinyl sleeve protects wheel rim • Installs easily...with two 1/2” round holes for wall mounting • Includes security cable The Wall Rider • Heavy-duty 11 GA steel ®