Page 12 - New York Cooperator January 2020

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CONT... allergic person, for example, would want assurance that they were not going to be living in the presence of pets; a person with a shy Yorkie might look for a build- ing that allows dogs, but imposes a weight limit. But even with established pets clauses, co-ops, condos, and HOAs must make concessions for residents who use service or support animals. Th e Americans with Disabilities Act (ADA) of 1990, the Fair Housing Act (FHA) of 1988, and Section 504 of the Rehabilitation Act of 1973 pro- tect the right of people with disabilities to keep such animals in their dwelling as long as that animal performs a specifi cally trained task, or provides assistance or aid that allows the disabled person the use and enjoyment of their home equivalent to that of a non-disabled person. Boards and landlords must make ‘reasonable ac- commodations’ for any disabled resident who requests it—provided the accommo- dation neither causes an undue fi nancial or administrative burden on the housing provider nor requires a fundamental al- teration to the development’s premises or function. In the case of animals, a rea- sonable accommodation might consist of making an exception to a ‘no pets’ rule, or waiving pet registration fees. Under such an understanding, it be- hooves boards to amend any pet-related rules and policies in their governing docs. Even if a building welcomes pets, accord- ing to Roberts, it’s best to have established rules to keep residents and their compan- ion or service animals safe and comfort- able in their shared environment. Th ere should be designated places on the prop- erty where dogs or other animals are al- lowed—and not allowed; proscribed types of control under which the owner/handler needs to keep the dog (e.g., maximum leash length, harness, etc.); clear state- ments about what constitutes unaccept- able behavior or conditions for the pets (e.g., aggression, excessive barking, odor, fl ea or other infestation); and spelled-out responsibilities for damage, mess, or other nuisance an animal might cause. Th at way, if a legal question does arise, the building or complex has the policies in place to support its case. Overhaul for a New Millennium Attorneys we spoke to for this story did not indicate a universal time frame or schedule for updating governing documents. However, they also pointed out that precious few co-ops, condos, or HOAs have ever updated them. Consider- ing that many co-ops and condos incor- porated in the 1980s or earlier, it’s about time that boards examine their governing documents for provisions that are outdat- ed or obsolete. “One simple amendment,” says Axinn, “is to extend the lease’s expiration date, which many co-op corporations need to do, as their 50-year leases from the 1980s will expire soon without an extension.” As co-ops’ proprietary lease expiration dates approach, it is a good time for those build- ings to examine the fi ner points of their leases for areas that could use an update. “Also,” continues Axinn, “it would be nice if proprietary leases and corporate bylaws took note of the 21st century and provided for notice and meeting par- ticipation by email or other electronic means.” People who’ve grown up with email and smartphone technology might just assume that their building’s bylaws already have such inclusions, but the fact is that many governing documents still contain language that refers to written or in-person communication only, without mentioning phone, email, SMS, or web- enabled conferencing. As new technology and its adoption accelerate with every passing year, it’s in- cumbent upon boards to ensure that the methods of communication they are us- ing (or want to use) with shareholders and among themselves comply with leasehold provisions. Rather than fundamentally altering their corporate and community norms, making minor updates to certain governing clauses can allow for a wider array of options. This Old House (Rules) Most changes in technology or social norms would be addressed in the house rules, say the attorneys we spoke to. For that reason, “It also needs to be clear that the bylaws allow the co-op board to amend the house rules without calling for the shareholders to vote,” says Roberts. Since these rules govern the everyday func- tion of life in the building, the process of changing them shouldn’t be encumbered by the time and eff ort it would take to in- volve the entire shareholder population each time. Co-op and condo boards need to be able to respond nimbly to changing regulations (smoking laws, for example) and technology (like e-cigarettes and vaping). And if your house rules include where to park your velocipede or require- ments for your water closet, quips Axinn, it’s high time for the board to address those visible lines of aging, so to speak. n Darcey Gerstein is an Associate Editor and Staff Writer for Th e Cooperator. UPDATING... continued from page 11