NJ Cooperator Fall 2020
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Fall 2020   NJCOOPERATOR.COM  be replaced with something newer and better. Think about how   we line up for the latest smartphone the minute it is available,   even if the one we have is perfectly functional. When it comes to   upgrades in the home, however, many of us are reluctant, even   though the stakes can be much higher—we’ll patch and repair a   furnace or roof as long as we possibly can before even considering   a replacement, running the risk of paying more in the long run.   continued on page 10   Residential communities such as co-  ops, condos, and HOAs are unique in that   they take the governance of their prop-  erties into their own hands. While most   properties do have managing agents to   oversee staff and to handle the day-to-day   operations, ultimately, it’s the board of di-  rectors or trustees that makes policy and   determines the continuing health of the   community. Board positions are filled by   unit  owner or  shareholder  volunteers—  the positions are almost universally un-  paid. Community members give of their   time and  expertise  freely,  and  with  the   intent to do their ‘civic’ duty and protect   the investment of themselves and their   neighbors.  Often, residents with specific skills rel-  evant to governing and managing proper-  ty are ready, willing, and able to contrib-  ute their knowledge to the community.   Boards often feature a concentration of at-  torneys, accountants, and business man-  agement professionals. But even these   competent individuals still have much to   learn and absorb when they are elected to   the board. Every building and community   has a history and a set of circumstances all   its own. That’s a compelling thing about   real estate: every property is unique.   So how should new board members   get,  well,  onboarded?  Should  they  take   a  professional course?  Should  building   management or the building’s attorney   and accountant hold an orientation to   bring them up to speed? Should an exist-  ing board member mentor a new member   and debrief them on the ins and outs, the   do’s and don’ts of the building? Turns out,   just as individual properties have their   own cultures and challenges, they also   have their own processes for orienting   new board members—though of course,   Whether you reside in, manage, or serve on the board of a condo, HOA, or co-op,   examining your building’s energy efficiency from top to bottom, inside and out, will   have enormous implications for individual and communal costs, energy conserva-  tion, and environmental conditions. And in the current unprecedented global viral   pandemic, it is more important than ever to consider that making changes to power   sources and systems can have collective health effects as well.  So where to begin? In this two-part investigation of energy innovations for multi-  family properties, we will help you understand the latest products and systems, how to   navigate the slow-moving channels of energy bureaucracy, and even find ways to help   pay for energy upgrades. Additionally, we will cover the question permeating every   aspect of life these days: How does the coronavirus crisis affect all of this?  This first part explores new energy-efficient products and updates that can be in-  stalled in individual units. These innovations have varying costs and levels of com-  plexity, but all of them will pay for themselves in terms of reduced utility bills, lower   environmental impact, and comfort and quality of life. Some states even have pro-  grams and incentives to defray the uptake expenses.   Part two will delve into broader changes at the building-wide and community level,   including how local and federal legislation is impacting the future of clean energy.   Low-Hanging Fruit  Living as we do in the Digital Age, technology seems to develop so quickly that   what was just recently cutting-edge is now obsolete. Nevertheless, we continue to look   for and find ways to invest in new concepts or products, even if they’re destined to   Whether you live in a super-luxe Park   Avenue co-op in New York City, a beach-  front condo in Florida, a sprawling HOA   in Nevada, or a multifamily community   in New Jersey, one thing is certain: you   have neighbors. Hopefully they’re the   people you grill with on a summer after-  noon; the providers of a spare cup of sug-  ar when you run out; the folks who water   your plants when you leave town … some   even might have attended your child’s   wedding or helped you through trying   times. But regardless of the size, location,   or overall cohesion of your community,   at some point you’re likely to have at least   one neighbor who disrupts the harmony   and infringes on the peaceful enjoyment   of your home.    While most of us in multifamily hous-  ing have come to accept this inevitability   as a cost of communal living, there are   some situations that cross the line from   minor nuisance  to  legitimate  harass-  ment. Knowing the difference is impor-  tant—but it can be tricky to discern, and   even more difficult to address. After all,   ‘harassment’ is a term that gets thrown   around a lot, but is often a subjective   disputation. One person’s ‘persistence’ or   style of conflict management can be an-  other’s criminal complaint.    Harassment: Difficult to    Identify, Harder to Prove  Adding to the interpersonal complexi-  ty, the legal system deals with harassment   in different ways, depending on where   you reside and the type of harassment be-  ing alleged. Laws on harassment vary by   state, and levels of criminality can differ   within those jurisdictions.   In New York State, for  example, ac-  cording to several attorneys consulted for   this article, there is no civil cause of ac-  tion for harassment. That means that any   action taken against an accused harasser   must be pursued as a criminal case. De-  pending on a number of factors, the ha-  rassment can be prosecuted as a misde-  meanor, a violation, or a felony.   Under New York’s Human Rights Law,   sexual harassment, discriminatory ha-  Multifamily Energy    Saving Solutions    Part 1: Incremental Upgrades   BY DARCEY GERSTEIN  What New Boards    Members Need to Know  (And How to Learn It)  BY A.J. SIDRANSKY  Handling Harassment   in Multifamily Housing  When Trash Talk Turns    to Transgression  BY DARCEY GERSTEIN  205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED  continued on page 13   continued on page 11


































































































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