Page 15 - NJ Cooperator Fall 2020

NJCOOPERATOR.COM THE NEW JERSEY COOPERATOR — FALL 2020 15 repeatedly sliding notes under their doors whenever she had a complaint. When this associations and condos are regulated by the inappropriate verbiage ceased—but status—in clear violation of New York resident wrote to The New York Coopera- tor for advice, attorney Rachael Ratner, a the agency gets involved in complaints or the manager. colleague of Hakim’s at SSRGA, advised disputes about board actions or behav- that while the behavior is not likely to be ior to ensure that all directors are abid- considered harassment in the criminal ing by their fiduciary obligations. Sheila is, in a word: context. “When an employee lobby with propaganda and images that sense, the resident still might be in vio- lation of her building’s bylaws or propri- etary lease. Usually such documents will a situation where an angry owner filed out having that background \\\[that would reporting by the prescribe a proper method of communi- cating with the board, with ‘notice’ provi- sions that contain specific instructions on harassing substance of the complaints, ple. … If you’re using, for lack of a better how to send correspondence. “Following these instructions offers with the timely and efficient operation offensive in the same sense as situations lano was forced to resign and remove all two advantages,” says Ratner. “First, the of the association. Additionally, each one when someone uses words of vulgarity or of the offensive posters, replacing them board becomes legally charged with hav- ing been put on notice about the issues NRED, requiring the time and resources kind of tone. and/or complaints raised by \\\[the\\\] cor- respondence. Second, you’re much more tion the money that the association had to relationship with a manager,” Kim con- likely to succeed in getting your message pay for such interventions. On top of all tinues, “but at the same time, you have were forced to resign from their board across.” Since board members are them- selves usually owners or shareholders and stantiated. While not rising to the level of use is not overly familiar, which can be a was required to amend its house rules, are volunteering their time in service to criminality, such behavior costs the entire distraction to the recipient. Some people removing the discriminatory provision to their communities, following proper pro- tocol has mutual benefits for both send- ers and recipients of complaints, in addi- tion to being much less likely to generate accusations of harassment. Ratner adds resident-owner was exchanging emails becomes a starting point for more prob- that “it’s also a good idea to read your with the condo’s property manager that, lematic language or behavior.” house rules to determine if complaints says Kim, “essentially included saluta- are required to be sent to your building’s tions, closings, and references in text that unequivocally problematic language and harassment, and that we will not hesitate managing agent,” as was the case with the could be considered overly familiar.” After behavior involved a Queens condo whose to take immediate action when we learn Boston-area condo that Steele managed. In the state of Nevada, where housing “modify his communication techniques,” ing owners to prove their immigration the Nevada Real Estate Division (NRED), so did the owner’s cordial attitude toward City’s Human Rights Law. The situation Van Duyne, owner of the Van Duyne isn’t welcoming of the informality,” notes included references to Nazi Germany and Law Group in Reno, Nevada, describes Kim, “it’s risky to use such language with- more than 100 letters of complaint with imply a more familiar relationship\\\]. In a rassed residents based on their immigra- their board. Aside from the borderline- their volume and frequency interfered term, ‘words of endearment,’ they’re not city’s Commission of Human Rights, Mi- had to be presented individually to the things like that, but it just sets a different with notifications of the city’s fair hous- to go through that process, not to men- that, every single complaint was unsub- association—not only in terms of money, are very used to positive expressive lan- but also in terms of good will and harmo- nious living. Kim recounts a case where a Chicago ting close to stepping over boundaries. It the time was quoted as saying, “We hope Kim sent the owner a letter asking him to house rules included a provision requir- “It’s a tough call, because where’s the building’s manager, Neal Milano, took magic boundary line?” asks Kim. One clue it upon himself to plaster the building’s high-rise, urban environment, for exam- “There’s nothing wrong with a cordial board members of the condo also im- to be careful that the language that you positions as well. The condo association guage, but the reality is that others see it Sapna V. Raj of the law enforcement arm as overly familiar and inappropriate, get- One somewhat high-profile case of City does not tolerate discrimination or came into public focus in 2018, when the other fascists governments. According to Daily News, he also ha- tion status, national origin, and race. After a complaint was brought to the ing policies and basic owners’ rights. Two plicated in the discriminatory behavior comply with the city’s Human Rights Law. for the Commission of Human Rights at this settlement sends a strong message to housing providers citywide that New York continued on page 16