Page 14 - NJ Cooperator Fall 2020

14 THE NEW JERSEY COOPERATOR —FALL 2020 NJCOOPERATOR.COM Kim asserts that most condominium threatening and happen repeatedly, then and (in many cases) employers, co-ops, People were posting nasty messages in the declarations in Illinois have anti-nuisance \\\[the resident\\\] should be calling the police condominiums, and housing associa- provisions, allowing boards to take action to establish a written record of this behav- in situations that cause any kind of distur- bance to unit owners arising from com- mon areas. In New York and throughout other states where cooperative housing cooperative’s board should intervene \\\[in state, board members are prone to being agement, who would then filter issues to is prevalent, proprietary leases also gen- erally include a warranty of habitability, board overreaches, the which similarly affords residents quiet shareholders or resi- enjoyment of their homes, in addition to dents may assert that functioning mechanicals and utilities and the board acted outside the like that the building or corporation the scope of its author- supplies. Hakim proposes that in the co- op context, “there may be instances where ancing act that each the actions of another resident or share- holder causes a breach of that warranty, ing\\\] agents must deal and the cooperative could be liable.” In one such instance that comes from Hakim a reader of The New York Cooperator , a co-op resident contended that her neigh- bor’s persistent smoking on the sidewalk all instances of potential harassment aging stopped working on a Friday night. protocol. “We reminded them that they beneath her window constituted harass- ment. According to her complaint, the length of separation as the examination of a part that was needed for repair had to their units about building issues,” he says. neighbor knew that she was irritated by the incident or incidents proceeds. Since be custom made, and thus the elevator “The board puts in a lot of unpaid time in the smoke, and he acted tauntingly and there is no “one size fits all” approach, had to be shut down for the weekend. order to increase the value of everyone’s menacingly toward her in a deliberate ef- fort to intimidate. The reader wondered if vidual circumstances warrant. she had any legal recourse, or if the situ- ation could be handled by board or man- agement intervention. Attorney Richard en situations,” she says. “No one answer the board’s fault. The attitude of many board of her building with her practice of Klein of New York City law firm Romer fits all.” Debbas, LLP, says that the answer large- ly depends on the building’s rules and policies, but “if such actions are clearly between neighbors, as housing providers residents who you’re ignoring,’ et cetera. ior, so that the board can act upon the al- leged threat.” Hakim has a similar conclusion. “The ernance structure of a micro–democratic stipulated that complaints be sent to man- such cases\\\]—but not over-intervene. If a both targeted by and accused of harassing the board as necessary. Steele notes that ity. It is a delicate bal- board and all \\\[manag- with on a daily basis.” recommends that boards and man- agers carefully address with legal counsel and maintain an arm’s “The elevator was nearly 90 years old, so should never be bothering the board at each case should be handled as the indi- Shapiro recommends the same course units—by residents who were personally of action. “These are extremely fact-driv- Case By Case Beyond being the locus for disputes that the elevator works; there are elderly tions can find themselves in the middle members’ doors.” of costly discrimination or harassment suits. And with their representative gov- behavior. Each of these such a policy “is especially helpful due permutations requires to the massive volume of email traffic— a different approach especially at larger buildings—and also to resolution. Here are allows us to document everything that some real-world ex- amples. Bart Steele, CMCA, ing unpaid work, and when not acting AMS, a portfolio man- ager at Boston-based not like to be bothered in the hallway, or Barkan Management, have folks come to their units and inter- recalls a time when rupt their personal spaces.” So Steele put the only elevator at a out a building-wide notice advising all building he was man- Cut to the board being harassed through- out—in hallways, stairwells, even at their thanks, not criticism.” angry at them, as if the breakdown was resident was accused of harassing the residents seemed to be basically, ‘I pay my condo fees, and it’s your job to make sure halls, on the elevator doors, and on board Apparently these residents forgot—or disregarded—that their building policy transpires.” Additionally, he continues, “the board spends a lot of its time do- in official board capacity, members do residents of the proper communication investment, and for that they deserve In another example, a New York City HANDLING... continued from page 13 “Any type of hous- ing-related dispute must be provided al- ternative dispute res- olution, or ADR.” —Chris Florio