Page 11 - NJ Cooperator Spring 2020

NJCOOPERATOR.COM THE NEW JERSEY COOPERATOR — SPRING 2020 11 the co-op back in the 1960s because they misunderstandings have occurred because were newer,” says Roberts. “Often times of a lease or bylaw provision’s ambiguity, people just don’t feel that there is a need then this might be the flashing red arrow \\\[to get more deeply involved\\\]. They think, signaling where to concentrate on making ‘The other people will come—so I don’t changes. need to go to the meeting.’” So how do you ensure that you will even get enough people to show up to a meeting multifamily buildings may be that of pets. to vote on a bylaw change? “Communicate Most buildings and associations have a the need for the updates and modifications lease or declaration provision that prohib- clearly and over time to the shareholders its at least certain types or sizes of animals. in order to persuade them of the impor- tance of these changes,” says Mark Axinn, their purchasing decision on the presence partner with Manhattan law firm Brill & or absence of such clauses—an allergic Meisel. “You won’t be successful if you try person, for example, would want assur- to pass comprehensive revisions with little ance that they were not going to be living notice and inadequate explanation.” Rob- erts agrees, adding that paradoxically, it’s Yorkie might look for a building that al- when co-ops are functioning smoothly lows dogs, but imposes a weight limit. that making quorum can be a real chal- lenge. “The old joke I have is that you can co-ops, condos, and HOAs must make tell when a co-op is well run when it can’t concessions for residents who use service get a quorum at \\\[shareholder\\\] meetings. or support animals. The Americans with Because unless there’s an issue that drives Disabilities Act (ADA) of 1990, the Fair people, oftentimes they just don’t care.” Nip, Tuck Once the problems of inertia and atten- dance have been overcome, the next step to keep such animals in their dwelling as is assessing your governing documents for long as that animal performs a specifically clauses that could use a little updating. Ax- inn suggests analyzing them with specific that allows the disabled person the use attention to areas that have led to prob- lems or misconceptions, and mentions to that of a non-disabled person. Boards some particular proprietary lease provi- sions that are frequently misunderstood commodations’ for any disabled resident or misused: “Two related ones deal with who requests it—provided the accommo- occupancy,” he says. “Section 14 permits dation neither causes an undue financial family members to occupy an apartment or administrative burden on the housing with the shareholder, but not instead of the provider nor requires a fundamental al- shareholder. Consequently, shareholders teration to the development’s premises frequently violate Section 15 (which re- stricts subletting) when they allow grown sonable accommodation might consist of children or other relatives to reside in their making an exception to a ‘no pets’ rule, or apartments without the named sharehold- ers also present.” Axinn points to another area that fre- quently results in misconceptions and rules and policies in their governing docs. contestations: responsibility for electrical, Even if a building welcomes pets, accord- plumbing, and other repairs in a building ing to Roberts, it’s best to have established or apartment. Because there is a fine line rules to keep residents and their compan- (often made of drywall) between a build- ing’s common elements and the space to able in their shared environment. There which a shareholder is entitled occupancy should be designated places on the prop- per their proprietary lease, repair obliga- tions are not always so cut and dried. In lowed—and not allowed; proscribed types condominiums and HOAs, too, the border of control under which the owner/handler between an owner’s property and the build- ing’s or association’s common elements leash length, harness, etc.); clear state- can be tricky and ambiguous—sometimes ments about what constitutes unaccept- even inconstant, such as when the roots of able behavior or conditions for the pets a tree on common property grow to inter- fere with a unit owner’s plumbing. Overall, clarity is key. If problems or Pet Peeves One of the most contentious issues in Purchasers of shares or units have based in the presence of pets; a person with a shy But even with established pets clauses, Housing Act (FHA) of 1988, and Section 504 of the Rehabilitation Act of 1973 pro- tect the right of people with disabilities trained task, or provides assistance or aid and enjoyment of their home equivalent and landlords must make ‘reasonable ac- or function. In the case of animals, a rea- waiving pet registration fees. Under such an understanding, it be- hooves boards to amend any pet-related ion or service animals safe and comfort- erty where dogs or other animals are al- needs to keep the dog (e.g., maximum (e.g., aggression, excessive barking, odor, flea or other infestation); and spelled-out continued on page 18