Page 5 - CooperatorNews New Jersey Winter 2022

NJ.COOPERATORNEWS.COM COOPERATORNEWS NEW JERSEY —WINTER 2022 5 QUESTIONS & ANSWERS Legal Q A& Handling Harassment Q What can be done when the presi- dent of the condo association verbally harasses the building’s superintendent? —Super Supporter A “Board members of com- mon interest communities can easily put the associa- tion in hot water by harassing employees or creating a hostile work environment,” says Steven Mlenak, partner of New Jersey law fi rm Greenbaum, Rowe, Smith & Da- vis, LLP, based in Roseland. “If acted upon by the employee, this can result in a lawsuit against the association which may or may not be covered by the association’s insur- ance carrier depending upon the terms of its coverage. “If a board member is harassing an em- ployee, the rest of the board should take steps to curtail that behavior by communi- cating with the board member about his/ her actions. When a board member refuses to cease the harassing behavior against the don’t want to cause a problem with this nally planned.” employee, the remaining board members member, but it does mean they would be should seek legal counsel as to the board’s casting votes on two association issues. It options. Many governing documents will seems like a confl ict. permit the board to remove the board member from an offi cer position. Others will allow the board to remove that mem- ber from the board completely or, more commonly, to call for a community recall vote of that board member. “Boards should further consider adopt- ing a code of conduct resolution setting has offi ces in New Jersey, New York, and doors, etc., to be our responsibility. What forth standards by which the board mem- bers agree to be bound. Th ese standards barred by either of the two associations’ can address how board members are ex- pected to interact with employees, other confl ict. But it can pose a confl ict if these board members, and homeowners, and two associations \\\\\\\[are or become\\\\\\\] at odds can provide a framework for how situa- tions such as the one posed in this ques- tion can be uniformly addressed.” Double Boarding Q Can a board member who has other association. Th at will mean the attor- served on one board for many ney for these associations may need to be cases, the unit owner is solely responsible years serve on another board brought in on more corporate governing for maintenance, repair, and replacement that is in the same HOA association? I issues than either association had origi- —Is Th is Legit? A “It sounds like a master as- sociation with sub-asso- ciations,” says attorney A. door and can’t take the lock with me when Christopher Florio of Stark & Stark, which I leave. Th e association claims windows, Pennsylvania. “On its face, and unless am I paying $312 a month for? governing documents, it’s not an absolute with one another. “Th e only thing this person who serves on the two boards needs to do is to recuse door, including the hardware, is part of himself/herself from any matter that may the ‘unit,’” says attorney Fran McGovern be a confl ict and would aff ect one or the of McGovern Legal Services, LLC, which Ardor over Our Door Q I live in an association in Princ- eton. I have to have my front door lock replaced, and they are telling me once it’s replaced, I will get a bill for it. How can this be fair? I don’t own the —Feeling Unfairly Charged A “Many, if not most, condo- minium association master deeds provide that the front has several offi ces in New Jersey. “In most continued on page 14