Page 13 - NY Cooperator June 2019

250 Park Avenue South New York, New York 10003 212-557-3600 www.TudorRealty.com To learn more about our property management services, please contact Andrew S. Lazarus, Senior Vice President 212-813-3054 or ALazarus@TudorRealty.com Since 1990, Tudor Realty Services Corp. has been providing hands- on, proactive property management services to cooperative and condominium buildings throughout New York City. Life was simpler in 1990. New rules and regulations as well as changing echnology have certainly made managing your building t more challenging. Let us tell you how our extensive experience, team approach, strong financial reporting, and advanced use of technology will help you meet the challenge. 37966_Cooperator_5x6.25.indd 1 12/8/17 11:24 AM COOPERATOR.COM THE COOPERATOR —JUNE 2019 13 vary, depending on the situation. “It is generally inappropriate for one own- er to chastise or reprimand another for per- ceived rule violations,” says Lisa A. Magill, Of more current state or federal laws. Counsel at Kaye Bender Rembaum, which has offices in Pompano Beach and Palm Beach past, the board may lose its right to enforce Gardens, Florida. “Any violation should be re- ported to management or the board for han- dling – even if it’s a board member who’s pre- sumed to be breaking a rule. Gentle handling the rule and reestablish the right to enforce it is good for the initial approach; reminding the going forward. And should a law change, it person in violation nicely about the rule, and could render a documentary provision un- requesting future compliance may resolve the enforceable, or even a violation of the law. problem. If the problem is somewhat wide- spread, then it’s a good idea to remind the regarding familial status, which would make entire membership of the rules and initiate rules restricting use of a pool to adults-only action to compel compliance, or if the rule is during certain hours ‘per se’ violations of fed- no longer needed, to modify the rules to meet eral law.” current needs.” And while it might seem like a good idea and the documents are simple and non-con- to draft rules with some wiggle room for sub- jective interpretation – especially in the case of smaller, tight-knit com- munities that don’t stand on a lot of formality – le- gal pros stress the impor- tance of clear, unambigu- ous rules to be enforced consistently and fairly. “There’s no such thing as ‘the spirit of the rules,’” says Ellen Hirsch de Haan, an attorney with Wetherington Hamilton in Tampa, Florida. “Rules must be clear and concise, so that a person reading them knows what is expected of them. The enforce restrictions against children residing express provisions of the restrictions are the in the community unless that community only enforceable language. The board has qualifies as Housing for Older Persons. The control over the behavior of the directors, the association must allow owners to install an manager and residents.” Should a resident be intimidated or hesi- tant to report an individual board member tennae. The board may have to allow some- for misconduct, it’s worth keeping in mind one to maintain an emotional support or that a single board member doesn’t wield the service dog on the property, even if the docu- authority of the whole board. “Start with the ments prohibit pets or animals.” other board members to address the associa- tion,” recommends Charles M. Katz-Leavy, a which rules should take precedence as a “legal lawyer for Jensen Baird Gardner, which has hierarchy.” locations in Portland and Kennebunk, Maine. “I also suggest consulting with the associa- tion’s legal counsel. Ultimately the owners bylaws, bylaws trump rules, etc.,” he says. “I have the ability to recall a board member if would advise a board not to enforce a provi- someone goes too far astray.” Debating Documents If there’s some doubt about whether a often see condo documents that have become board member or manager’s behavior is out outdated and are not consistent with the of bounds, the association’s governing docu- ments may provide a definitive answer – as- suming that those docs are very current. It’s possible that rules within the documents have long gone unenforced – and thus can be dif- ficult to revive – or that certain regulations have aged poorly and no longer comport with “If a provision has not been enforced in the that provision in the future,” warns de Haan. “In that circumstance, the violation would go ignored, unless action were taken to republish One example would be the Fair Housing Law “Some inconsistencies between the law troversial, like sending meeting notices, con- ducting elections, budgeting and other procedural issues,” adds Ma- gill. “Other times, the members may not understand that the board is re- quired to follow the law rather than the documents, which could cause ire among the mem- bers. “For example,” she continues, “the association cannot up-to-one-meter receiver, even though most governing documents prohibit outdoor an- Katz-Leavy describes the debate over “Federal law trumps state law, state law trumps declarations, declarations trump sion of a condo document that clearly con- tradicts federal or state statute. In Maine, we Maine Condominium Act and/or the Maine Nonprofit Corporations Act.” “When a board member or resident believes someone to be abusing his or her position of power, the appropriate response can vary, depending on the situation.” continued on page 17 attorneys lawgapc.com @ www.lawgapc.com NORTHERN NEW JERSEY 973-366-1188 CENTRAL NEW JERSEY 732-514-6601 SOUTHERN SO NEW JERSEY 856-533-2379 NEW YORK 212-374-9790 PENNSYLVANIA 973-366-1188 ATTORNEYS AT LAW ▶ Wills, Trusts and Estate Law ▶ Municipal Law ▶ General Litigation ▶ Commercial Law ▶ Business Startups ▶ Community Association Law ▶ Landlord Tenant Law ▶ Land Use and Zoning Law ▶ Disability Law ▶ Real Estate Law and Closings Experienced attorneys providing the right moves towards achieving your endgame STRONG ADVOCATES LISTEN ATTENTIVELY WORK RELENTLESSLY RESOLVE CONFLICT