Page 7 - The NY Cooperator August 2020

COOPERATOR.COM THE COOPERATOR — AUGUST 2020 7 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 Restoring Your World for over 75 years ™ Fire • Smoke • Water • Mold Restoration • Remediation • Repair 800.3MAXONS • MAXONS.COM Serving New York, New Jersey, Connecticut • Complete Building & Contents Restoration • Emergency Cleaning & Deodorization • Water Removal & Structural Drying • Expert Loss Consulting • Disinfection Services We also encourage questions, and pause tor may require the association to submit in our meetings to explain stuff. We hope a copy of the certification of each mem- to create an onboarding manual, but have ber of the executive board of that associa- not had the time for this as of yet.” As a point of personal experience and with the Ombudsman pursuant to NRS advice for those contemplating board ser- vice, Anne adds, “Honestly, I was out of my depth for the first year. We were ne- gotiating the roof replacement, and there cational seminar of some sort. We offer was so much to learn. I found it took me a a new member ‘bootcamp,’ for instance. year of just listening to understand what Board members are encouraged to attend was going on.” Now, as the board presi- dent, she’s doing her best to shorten the learning curve for freshman board mem- bers. State Requirements? As with most issues governing busi- ness activities in the United States, there’s sey. “I believe orientation and training is not much in the way of national unifor- mity. Requirements (or the lack thereof) companies are helpful in this regard. I are set at the state and local level. Sheila van Duyne, a community law regularly read attorney and principal of the Van Duyne ommend books, pamphlets, and other Law Firm in Reno, Nevada, points out materials from CAI.” that in her state, “New board members need to comply with NRS 116.31034 and certify that they have read and under- stand both their governing documents are also one-time or one-day events on and NRS 116.” Nevada Revised Statute (NRS) members. As an example, CNYC is offer- 116.31034 states, “Each member of the ing a course titled executive board shall, within 90 days after his or her appointment or election, certify it. in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the org/. governing documents of the association and the provisions of this chapter to the best of his or her ability. The Administra- tion at the time the association registers 116.31158.” “Typically,” says Van Duyne, “new board members do go through an edu- educational events and classes.” On the other hand, “New Jersey does not require such training,” says Scott Piekarsky, an attorney with the law firm Philips Nizer, which has offices in both New York City and Hackensack, New Jer- a good idea, though. Good management also recommend to new people that they The Cooperator , and I rec- Professional Training Both CAI and CNYC offer courses of all types for board members. Often there particular subjects of interest to all board Introduction to Board Responsibilities . Help is there if you need Visit CNYC online at www.cnyc.com/. Visit CAI online at www.caionline. n A J Sidransky is a staff writer/reporter for The Cooperator, and a published novelist. sexual harassment, discriminatory harass- ment, or any type of harassing behavior that es may be harassment in one case, but not rises to the level of violence is considered in the other,” Hakim continues. criminal—and as such should be reported immediately to the police. Th e New York of Marcus, Errico, Emmer & Brooks, PC, City Commission on Human Rights defi nes which has offi ces in Masscahusetts, New discriminatory harassment as “threats, in- timidation, harassment, coercion, or vio- lence that interferes with a person’s civil very personal issue. What of course may be or constitutional rights and is motivated harassment to one person may merely be in part by that person’s actual or perceived conversation to another.” race, creed, color, national origin, gender, sexual orientation, age, disability, or alien- age or citizenship status, or other protected Kim, of counsel at Schoenberg Finkel New- status.” Mark Hakim, a New York City attorney that “it could even be a matter of personal with the fi rm of Schwartz Sladkus Reich style—like in a restaurant where a server Greenberg Atlas specializing in community calls a customer ‘dear’ or ‘honey.’ In certain law, defi nes criminal harassment as “the contexts, that’s not necessarily problematic; intent to harass, annoy, or alarm another nothing inappropriate is being suggested. person in or about public places, engage in But in other contexts, where that kind of conduct, or repeatedly commit acts which familiar behavior isn’t normalized or ex- alarm or seriously annoy the victim, and pected, it isn’t appropriate.” serve no legitimate purpose.” He notes that proving criminal harassment is oft en a mat- ter of proving the perpetrator’s intent or purpose—which can be very diffi cult in the absence of any substantive indication of what someone is thinking or feeling in a given moment. Th at means that “the same behavior repeated in diff erent circumstanc- Ellen Shapiro, a partner at the law fi rm Hampshire and Rhode Island, has a simi- lar perspective. She says, “Harassment is a Oft en, the attorneys indicate, it comes down to context and language. Michael C. man & Rosenberg, LLC, in Chicago, says Chris Florio, attorney with Stark & Stark in Lawrenceville, New Jersey, equates ha- HANDLING... continued from page 1 continued on page 8