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12 COOPERATORNEWS NEW JERSEY —EXPO 2022 NJ.COOPERATORNEWS.COM MANAGEMENT Dealing With Conflict in Co-ops & Condos Noise, Odors, & Leaks: Oh My! BY KEITH LORIA Even before the pandemic and social unrest of the last few years, interpersonal conflict and outright hostility often sur- faced in the co-op and condo environ- ment, forcing boards and managers to deal with both legitimate grievances and conflicts that are sometimes less than rational. Whether a conflict arises be- tween neighbors, between residents and management, or between tenants and the board, it’s vital to address it swiftly and diplomatically to maintain a functioning, livable community. Sources of Problems Michelle P. Quinn, a partner with Ga- llet Dreyer & Berkey, LLP in New York, says typically, the three main sources of conflict concern odors, noise, and leaks— and during the pandemic, when people were home so much more, these issues became even more prevalent. “Odors could have to do with a build- ing’s ventilation system, so that’s some- thing that is fixable. But then there are odors that can range from someone not liking their neighbor’s cooking—but these people chose to live in a multiple dwelling and those are the functionalities of doing so—to the collection of smells that might come from hoarders or those with lots of animals,” she says. Michael J. Ciarlo, a partner with Man- hattan-based law firm Nadel & Ciarlo, P.C., notes that these are particularly dif- ficult sources of conflict because they are usually between two neighbors, and it be- comes a he said/she said situation. “Sometimes it can be resolved by hav- ing the offending neighbor install carpet- ing in their apartment, which is usually already required by the co-op or condo- minium’s documents,” he says. “However, in the event this cannot solve the problem, it is difficult for the board and managing agents to resolve these disputes with- out having a third party corroborate the noise complaint. To do this, we have had success having our clients retain a sound engineer to come into the apartment and record the noise and see if it rises to the level that is prohibited by New York City noise code laws.” Daniel Wollman, CEO of Gumley Haft, which manages approximately 75 New York City co-ops and condos, notes in all instances of conflict, the first step should be to investigate the source of the prob- lem. Make sure everything complies with the rules. For serious noise complaints, Gumley Haft has brought in sound engi- neers to measure the decibel level of the Joe Balzamo, chief operating officer for ers,” he continues. “Fostering this sense noise, such as a loud air conditioner; if AR Management in Mount Arlington and of community and providing regular necessary, the unit must be replaced or Morristown. “It’s important to have all updates can create an atmosphere where modified to reduce the offending noise. “The best thing you can do is try to addressing or discussing.” talk to the person who is having the prob- lem and then talk to the neighbors and try more—important as talking in these dis- to come up with a practical solution for cussions, so all parties gain and grasp trying to resolve things,” Wollman says. each other’s specific point of view on the ment company should try to be trans- “These should be delicate discussions and subject. “We have to ensure we have both parent and provide the unit owners with try to mediate a solution that will work.” The third major point of contention options surrounding the decisions each them informed of the decisions being is leaks. The damage and disruption that party will make,” Balzamo says. “We al- they can cause a homeowner or share- holder can lead to some very serious ac- rimony if not addressed civilly. Managing Conflicts Harold Coleman, Jr. is senior vice parties feel like they have actually given renovations. This can be in-unit reno- president of mediation for the American up something to ensure a successful win- Arbitration Association and has also been win scenario.” president of three different association boards—so he has seen his share of con- flicts throughout his career. “Any govern- ing board or managing association that is to try and create as much of a sense of building’s mechanical systems or utilities. rules with an iron fist instead of dealing community as possible. This can be in the with issues with a ‘velvet glove’ really form of a monthly newsletter that updates ther the board nor the management com- misses the point and escalates conflict the unit owners on what is going on in the pany involve the unit owners in decisions that really could have been contained by building. “The board can also have quar- being a bit more sensitive,” he says. “Communication is always the first dress any issues or questions they might ing with respect to the building’s financ- step with any situation within the HOA as have rather than only deal with this once we encounter any form of dispute,” says a year at the annual meeting of unit own- parties understand what we are actually the unit owners realize they are all in this Actively listening is just as—if not tion issues can be dealt with in a rational parties understand what is or could be the as much information as possible to keep ways try to end with a solution that both the unit owners know the reason for the parties are happy with. With all the spe- cifics being addressed, it’s always best in challenge them. any negotiation or decision to have both Communication Counts To deal with conflicts among unit tive effects on residents, such as façade owners, Ciarlo notes that the best practice work, hallway upgrades, or repairs to a terly meetings with the unit owners to ad- together and noise complaints or renova- and civilized manner.” In addition, the board and manage- made and the reason for said decisions. If board’s decisions, they are less likely to Another source of conflict concerns vations that are causing noise or dust to enter into other units, or common area renovations that can have major disrup- “We often hear complaints that nei- which affect the entire building, do not keep them updated, or are not forthcom- continued on page 26