Page 18 - NJ Cooperator Summer 2020

18 THE NEW JERSEY COOPERATOR —SUMMER 2020 NJCOOPERATOR.COM MEMBER OF Glen A. Masullo, CMCA, PCAM, President/CEO With over 30 years of experience, PCMS provides the highest quality of service. From full-service site management to financial support, we’ll customize a management program tailored to your community. Site Management 24 Hour Emergency Service Work Order Tracking Vendor Management Leadership Guidance/Training to Board Members Accurate & Timely Monthly Financial Reporting Extraordinary Services. Exceptional People. Email: info@pcmsus.com Website: www.pcmsus.com AAMC Accredited Association Management Company 732.873.1258 484.291.1330 35 Clyde Road, Suite 102, Somerset, NJ 08873 2430 Butler Street, Suite 164, Easton, PA 18402 REACH FOR THE STARS WE MANAGE OUR CUSTOMERS ABOVE & BEYOND At Executive Property Management, we are light years ahead in our profession. For more than thirty years, we have successfully focused on providing our customers with unrivaled value in areas of financial consulting and reporting, customer service, cost control, technology and integrity. Let us guide you to a brighter tomorrow. deal with adversities much greater and more catastrophic. While acknowledging the additional stresses of their job amidst a pandemic, Gruen and Rapolla both of- fer appreciation that they are essentially immune from the decimation being ex- perienced by many other elements of the economy. Th ere is a case to be made that gratitude really is one of the most powerful relievers of stress we have. Anyone can ac- cess it, from any place, at any time. And in our current world full of invisible threats and so much uncertainty, it is a valuable reminder for all of us—in any circum- stance—to focus on what we have, rather than what we lack. n Darcey Gerstein is Associate Editor/Staff Writer for Th e New Jersey Cooperator. AVOIDING... continued from page 17 they want to do something quickly—stand- ing on a nearby chair when getting an ap- propriate ladder would be the proper way to reach something high up, for example—but at the end of the day, when a building violates a labor or safety law covering their employ- ees, the owner is liable. “Th e owner is responsible, whether it is a cooperative, condominium, or rental,” says Persanis. “Th e owner is ultimately respon- sible for what goes on at the building. Conse- quences are usually fi nes.” “If \\\[an injury happens\\\] on the job, if the employer has been grossly negligent, there could be exposure to litigation and things along those lines,” says Sparer. “If there’s an OSHA violation in connection with it, even if the employer was trying to be consistent, there could be penalties there.” But Sparer also acknowledges that “Employers are very sensitive to the issue \\\[of safety\\\] for a variety of reasons—not least of which is avoiding in- jury for their employees.” In the case of a clear-cut violation, staff should fi rst notify the building’s managing agent of the situation, and let them take it from there. “All violations of any kind should be fi rst brought up to the managing agent so that they may be rectifi ed as quickly as possi- ble,” says Persanis. “If that doesn’t work, then the employees may contact their union rep- resentative. For violations of labor law and unfair labor practices, the employees may contact their union or the National Labor Relations Board. Administrative grievances can be directed to the Department of Labor or OSHA for health violations.” But of course, avoiding unsafe condi- tions—and the injuries they may cause— in the fi rst place is far preferable to taking chances with employee safety and hoping for the best. According to Jay L. Hack, a partner at Manhattan-based law fi rm Gallet Dreyer & Berkey, LLP, conducting a formal risk as- STAFF SAFETY... continued from page 11 sessment can help guide your board or man- agement. “I strongly recommend that you conduct a risk assessment of your buildings, determine what risks exist, decide whether there are methods available to reduce those risks, and then take appropriate steps to im- plement those methods when it is reasonable to do so under the circumstances.” The Final Word While there may be a lot of abbreviations involved in the training and ongoing safety protocols for building staff , what should nev- er be abbreviated are the actual precautions and information that are in place to ensure their safety. Proper education, implementa- tion, and compliance—for both employees and their employers—are the cornerstones of a safe and injury-free working environ- ment for the doormen, porters, handymen, security personnel, maintenance workers, elevator operators, and managers who ser- vice and support New Jersey’s many condo buildings and HOAs. Take advantage of the training, advocacy, and support that are available through a variety of organizations and always keep in mind that it’s better to be safe than sorry. n Darcey Gerstein is Associate Editor and a Staff Writer for Th e New Jersey Cooperator. HOA Voting in Advance Q Can an HOA issue a proxy/ballot for voting only in advance of an annual meeting for additions to the common areas? Proxies and absentee bal- lots are allowed in the bylaws for such issues (not elections) but no mention of voting only in advance by ballot. Shareholders have been asked to bring the ballots to the offi ce or to the door of the meeting. Th e bylaws say “not withstanding” the section regarding prox- ies, shareholders have the right to vote at the meeting. Th e ballots will be collected before the meeting without an opportunity to dis- cuss the issue at the meeting. Does that meet the right to vote at the meeting? —Please Illuminate Me A According to Jennifer Al- exander, attorney for the Randolph-based fi rm Griffi n Alexander, P.C.: “All HOAs are governed by the New Jersey Planned Real Estate Develop- ment Full Disclosure Act, N.J.S.A. 45:22A-21 et seq. (PREDFDA) and the New Jersey Non- Profi t Corporations Act, N.J.S.A. 15A:1-1 et seq. (Th e Non-Profi t Act). While these Acts provide that mail ballots are allowed for elec- tion purposes, there is no explicit statement in the legislation that allows for mail ballots in matters other than elections. “Th e Non-Profi t Act sets forth laws gov- erning action by members without a meeting. Pursuant to N.J.S.A. §15A:5-6(b), any action required or permitted to be taken at a meeting of members may be taken without a meeting Q&A continued from page 5