Page 26 - NJ Cooperator Winter 2020

attorneys lawgapc.com @ www.lawgapc.com NORTHERN NEW JERSEY 973-366-1188 CENTRAL NEW JERSEY 732-514-6601 SOUTHERN SO NEW JERSEY 856-533-2379 NEW YORK 212-374-9790 PENNSYLVANIA 973-366-1188 ATTORNEYS AT LAW ▶ Wills, Trusts and Estate Law ▶ Municipal Law ▶ General Litigation ▶ Commercial Law ▶ Business Startups ▶ Community Association Law ▶ Landlord Tenant Law ▶ Land Use and Zoning Law ▶ Disability Law ▶ Real Estate Law and Closings Experienced attorneys providing the right moves towards achieving your endgame STRONG ADVOCATES LISTEN ATTENTIVELY WORK RELENTLESSLY RESOLVE CONFLICT 26 THE NEW JERSEY COOPERATOR —WINTER 2020 NJCOOPERATOR.COM apartment, so it is not so simple.” The issue is simpler for window- mounted A/Cs, Sherman says. “Gener- ally speaking, these things recirculate air—they don’t ventilate. Some units have a damper that allows for some out- side air to come in, but that amount is rather small and does not have the risks of \\\\\\\\\\\\\\\[over-pressurization\\\\\\\\\\\\\\\], so is not a prob- lem and could be a benefit.” Also, accord- ing to ASHRAE’s Technical Resources for Multifamily Buildings, “Strategic window fan placement in exhaust mode can help draw fresh air into room via other open windows and doors without generating strong room air currents.” Since ventilation is one of the keys to both maintaining indoor air quality and reducing the chances of viral spread, needing to keep windows open or A/C running this winter might not be such a bad thing, in spite of the inefficiency and energy cost. (Again, desperate times …) Simple Is Best As the New York Times detailed in a recent article, fancy, high-tech, expensive products promising super-clean surfaces and particle-free air are being marketed as panaceas for a public concerned about indoor transmission of the coronavirus— especially as winter intensifies and fewer activities can be enjoyed outdoors. But, as the Times indicates, most of those products are overkill and may even have unintended harmful consequences, including respiratory hazards and pro- duction of “dangerous hydroxyl radicals that may injure cells.” The Times cites a number of experts who advise against their use, recommending instead the simple risk-reduction measures of hand- washing and mask-wearing. The recommendations for multifamily buildings and communities are the same as they’ve been since this mess started: Limit interaction with people outside of your household. Wear a mask in common indoor areas and anywhere that six-foot separation cannot be maintained. Wash hands with soap and water or use a sani- tizer with 60% alcohol content if those aren’t available. And—lest we forget— remember to breathe. Keeping common indoor air and surfaces clean in a pan- demic should not add too much stress, complexity, or expense to an association’s or a cooperative’s daily operations. n Darcey Gerstein is Associate Editor and Staff Writer for Th e New Jersey Cooperator. CLEANING... continued from page 25 Th at kind of inappropriate, self-serving control can lead to a complete breakdown in communication, which in turn can make a manager’s job nearly impossible. The Reality of Managing a Troubled Property “Th ere are so many challenges,” says Cynthia Petrenko, the principal of Com- plete Property Management in Vernon, New Jersey. “You ask yourself, can I do it? I’m an extremely small management com- pany and love challenges—I look at things in a positive manner. I study them, and I contact the municipality to see if there are any issues, inspections that failed, and other possibilities, and I meet several times with the board. Th en I start with the problems and issues, one by one. I contact their auditor if there is one—some of these properties don’t have an annual audit, and sometimes there aren’t any viable fi nancials at all. Th en I review the entire situation. I contact an attorney if I need their help, then schedule a meeting with the commu- nity. I tell them the way it is, the truth—the whole truth—even if it isn’t what anyone wants to hear. Quite possibly, a special as- sessment will be charged to them because of the fi nancial issues. I let any yelling and disparagement roll off my shoulders, then I go to work wholeheartedly. It sometimes takes several years, but it gets done. I try not to burn bridges. Th e reward is that you accomplish something very hard and you look back, smile, and wait for the next one.” Avoiding Trouble—and When to Walk Away A fi nancial pitfall can be dodged if caught early enough, before the dollar amounts involved creep too high for the in- dividual shareholders or owners to handle. “Completing a regularly scheduled reserve study, and maintaining both the reserves required therein and completing the work required as scheduled, will avoid the possi- bility of the property becoming distressed,” says Ruccolo. Halper agrees, and adds that “Th e key is to keep up with both fi nancial and main- tenance needs. Raise maintenance annually to keep up with increases in operating ex- penses and other costs. Cheapness is at the heart of the problem.” And sometimes, a board’s inability— or unwillingness—to handle its business forces their management company to cut ties and leave the community to its own de- vices. To illustrate his point, Halper relates a real-life crisis from a former client com- munity. “We had a situation where a board employed a non-union super at a very low wage,” he says. “Eventually they fi red him, but it wasn’t done properly, and he fi led a wage claim against them. \\\\\\\\\\\\\\\[Th e board\\\\\\\\\\\\\\\] re- fused to listen to any of our advice, and we left shortly thereaft er because the situation became untenable. We didn’t want to face THE CHALLENGES... continued from page 12