Page 15 - NY Cooperator October Expo 2019

COOPERATOR.COM THE COOPERATOR — OCTOBER 2019 15 A. Michael Tyler REALTY CORPORATION Celebrating Our 40th Anniversary Leading the Property Management Industry in Innovation and Management of New York Condos & Co-ops for over 40 Years Boards Receive Monthly Reports Online & Much More Call To Inquire How You Can Benefit From Our Expertise as a Leading NYC Property Management Firm •Tel: 877.641.5900 • Fax: 877.641.5780 •Email: info@amtrealtyny.com •Website: www.amtrealtyny.com 122 East 42nd St., Suite 1700, New York, NY 10168 Irwin H. Cohen Chief Executive Officer Jay M. Cohen VP & Director of Operations pros, those proposals don’t often make it other holidays, tree-trimmings... various or an amenity like a swimming pool that etcetera,” adds Mark Einhorn, a partner off the ground, since even the most kid- friendly resident is unlikely to be thrilled Dickstein says. “It all depends on the com- at the idea of owning the unit closest to a position of the building, and the tone that partner with Cervantes, Chatt & Prince is trying to sleep, or there is substantial noisy, boisterous play area. “The person in the board wants to set for residents. It also P.C. in Chicago and Burr Ridge, Illinois. noise transmission between units, there is 1A or wherever did not sign up for that depends on the involvement of volunteers “Raising children in the condominium set- when they moved in,” Pyrros notes. “Why within the association, and what they are ting is more of a challenge for parents, as some, and even become a nuisance to the should they have to deal with the added authorized to plan for residents and their children have a lot of energy and less op- noise now?” Common spaces can be grounds for quarrels as well. As Dawn Dickstein, presi- dent and founder of MD2 Property Group LLC in New York City notes, a playroom is clearly intended for children – but some- thing like a gym or fitness room is not only adult-oriented, but can be dangerous for kids to play in, even with supervision. Dickstein recommends setting firm rules for who may use common areas like gyms and fitness rooms, and even fining parents who don’t comply. “Restrictions pertaining to guests of a child or their family should all be incorporated in the house rules,” she adds. Of course, playgrounds and rumpus rooms aren’t the only ways a community can make its youngest members feel wel- comed and involved. Kid-friendly pro- gramming can be a great way to build neighborly spirit and help residents con- nect with each other – no monkey bars required. “I’ve seen parties for Halloween, events that are catered toward children,” gives parents and children options for play with Marcus Errico Emmer Brooks, P.C. kids.” Playtime Prohibi- tion? While the safety of every child re- siding in an asso- ciation property is paramount, boards are also under fi- duciary duty to consider the liabil- ity concerns that could result from any sort of mishap. Even something as seemingly minor as a kid making a lot of noise in their own unit could be per- ceived as infringing on another resident’s quality of life, and lead to acrimony – and even litigation. “With typical suburban townhome or community-style associations often there’s an open area, or perhaps actual parkland, and activities,” says William O. Chatt, a in Braintree, Massachusetts. “If someone tions for play. While the tendency is for ing a resident describe issues that would parents to hope bother them should they be subjected to it, an association considers the youth of an of- fender when conflicts arise, an association is charged with the country, children are not required to managing the property for all in multifamily housing. In fact, they are owners – includ- ing those without discrimination charges if it tries to force children. And that requires the dards that may be reasonable to apply to interests of all adults. For this reason, boards should not owners to be tak- en into account.” “These things usually start with a resi- dent complaining to the manager or board dealt with. That is true even if there is noise about noise coming from a neighboring that might be unreasonable if it was being unit, and the complaints typically include made by an adult.” banging, jumping, running, toys being dropped repeatedly, yelling, screaming, no doubt that can be disturbing or bother- person on the receiving end. Upon hear- most boards want to help by taking action. “But as anyone who is at all familiar with children can attest,” he continues, “all of the aforementioned behaviors are normal, even typical, for children. And as the courts have held in many cases across become mini adults just because they live generally protected – and a board can face families with children to conform to stan- react to a resident’s complaints with the assumption that just because someone is bothered there’s an infraction that must be When it comes to regulating the behav- “Children are not required to become mini adults just because they live in multifamily housing.” — Mark Einhorn continued on page 33