Page 9 - The NY Cooperator September 2019

COOPERATOR.COM THE COOPERATOR — SEPTEMBER 2019 9 The Premier Cooperative, Condominium Condop & Management Firm In New York “I would welcome your inquiry to learn how AKAM can be of service to your building” Michael Berenson , President 212.271.0318 mberenson@akam.com akam.com Our reputation speaks for itself. For over 35 years we have been committed to maximizing home values and enhancing quality of life for our clients. At AKAM Associates we employ true cost saving initiatives: •Analysis of staff overtime •Five year capital and preventive maintenance plans •Bulk purchasing power •Preferred rates from various industry vendors •Discounted rates on energy & gas •Review of service and management contracts Live AKAM surable way. “The managing agents and consultants are still trying to get their arms around the legislation,” he says. “The lawyer’s role is to help interpret the law and apply it to the particular circum- stances of the building. One big issue is that many buildings have upgraded sig- nificantly over the years, installing more efficient boilers and other systems. How much more work will they be able to do in the time constraints applied under the legislation?” And in many other markets, asso- ciations haven’t been mandated to deal with these issues yet, per se. But those proactive boards are certainly consider- ing implications of legislation elsewhere – although it looks like slow going. “There’s some concern about legisla- tion that may come through regarding electric cars and solar panels,” says Gary M. Daddario, a partner with Marcus Errico Emmer & Brooks, which has of- fices in Massachusetts and New Hamp- shire. “Where buildings were construct- ed with many units and parking space is at a premium, there are some significant practical issues, such as where charging stations can be placed, and who would cover the costs of installation. As for so- lar panels, the hows and wheres are again questions – as is the calculation of finan- cial benefit and fair distribution to the benefit of various unit owners. “I think that the attorney’s role here will be to review, understand, and then explain any changes in the law, as well as to review and negotiate the vendor contracts that will inevitably come for the installation, servicing, etc., of any new equipment,” Daddario continues. “Wisely-crafted legislation that leads to energy efficiency and less negative im- pact on the environment can be a good thing. With respect to condominiums, however, I hope that the legislators take into account their unique physical, op- erational and governance characteristics. Legislation drafted from a single-family home perspective will likely only pro- duce more questions and dilemmas than answers.” In Chicago, there is an ordinance that requires benchmarking and reporting usage, but nothing thus far mandating that owners curb their energy consump- tion, according to Howard S. Dakoff, a partner with the Community Associa- tions Practice Group of Levenfeld Pearl- stein, LLC. “A few years ago, some archi- tects were offering ‘green reserve studies’ to address energy usage by installing more energy-efficient equipment,” he says. “But other than light bulbs, we did not see associations proactively purchase new energy-efficient equipment. Once a component needs replacement, energy- efficiency does become a factor – but so does price. “As a general rule, attorneys do not erally in favor of cost-cutting measures talists will have an easier time convinc- have expertise on energy consumption and energy efficiency, I do not subscribe ing residents to go along with a project and carbon footprint issues, as they are to the climate ideology or the ‘science’ that offers demonstrable savings in the outside the legal wheelhouse and not a which very often propels it,” says Ron- fiduciary obligation of legal counsel to ald J. Barba, a partner with Bender, An- community associations,” Dakoff contin- ues. “If there is an organic/authentic op- portunity to mention energy efficiency as not just a sustainability issue, but as a move their building or community asso- business decision, then we speak up.” Finally, some attorneys are still skepti- cal that climate change is even an issue bottom line. Even a board whose mem- warranting concern. “While I am gen- derson and Barba, P.C., in North Haven, change. Connecticut. The bottom line—should one seek to ciation to adopt energy-efficient materi- als and systems—is to appeal to, well... its bers consist of committed environmen- future—regardless of where their constit- uents come down on the issue of climate n Mike Odenthal is a writer/reporter for The Cooperator.