NY Cooperator October 2020

October 2020 COOPERATOR.COM continued on page 13 discriminatory way, but when reviewing the totality of the circumstanc- es surrounding the alleged violation, “The board does have leeway— known as the Business Judgment Rule—in determining when and how to enforce.” In many cases, there is also a question of what rules and regulations passed by the board may cover. In Massachusetts, explains Richard E. Brooks, a partner at Braintree-based law firm Marcus Errico Emmer continued on page 12 Social distancing, lockdowns, quar- antine, remote work, distance learning— these once unfamiliar terms have changed the way we live our everyday lives in the time of a global pandemic. In a society where a handshake is the social gesture that confirms a positive feeling between individuals, the imposed separation be- tween us and our family, friends, neigh- bors, and colleagues is a heavy burden under which to operate. Perhaps nowhere is this enforced dis- tancing felt more acutely than in multi- family residential communities such as co-ops, condos, and HOAs. Beyond just isolating formerly tight-knit, engaged neighbors, the need to keep our distance and not gather in groups has made up- holding the requirement for communi- ties to convene at least once a year (and sometimes more) to conduct the business of the corporation or association a logisti- cal nightmare. Reality Meets Documents While more recently drafted condo, co- op, and HOA governing documents may already contain language spelling out the proper protocols for electronic meetings and voting, those established before vir- tual meetings became a common factor in business life are likely silent on the issue. Ellen Shapiro, a partner in the Braintree, Massachusetts-based law firm of Marcus Errico Emmer & Brooks, says, “If it’s not prohibited, it’s permitted. Given the ex- traordinary situation we find ourselves in today, a court would be inclined to favor a board that wanted online meetings for inclusivity, \\\[even if\\\] the documents were written before anyone would have thought It’s a common bit for comedians and TV sitcoms: making fun of the ‘condo police’—those neighbors who take it upon themselves to enforce the rules set up by your condominium asso- ciation or co-op corporation to regulate community living. They are sticklers for detail: Is your mailbox at the right height? Do you have contraband plantings in your flowerbeds? Are your window treatments approved in terms of both color and configuration? Funny or not (and depending on how you feel about having to get approval to repaint your shutters, it may not be), in reality, co-ops and condos have rules—lots of them—and for good reason. Successful community living requires structure. Some regulations appear in your gov- erning documents—the bylaws, usually—while others are found in less formal documents outlining ‘house rules.’ In any event, the question is how these rules are enforced, and who does the enforcing. Defining Rules & Regulations Mark Hakim is an attorney specializing in co-op and condominium law with the firm of Schwartz Sladkus Reich Greenburg & Atlas, based in New York City. “The house rules in a co- op or condominium are rules and regulations promulgated by the board, and amended from time to time,” he says. “They’re intended for the general welfare of the residents of the building. They include—but are certainly not limited to—pets, sublets, smoking, use of the hallways and common areas, carpeting, windows, plantings, noise, and other quality of life matters. “In co-ops, a breach of the house rules is generally a breach of the proprietary lease, per- mitting the board to treat it as such,” Hakim continues. “In a condominium, one would need to review the bylaws to see what rights the board may have. In both, how each is drafted and whether the lease and/or bylaws permit fines will determine what the board may do, short of drastic measures.” Hakim goes on to say that enforcement of any and all rules must be handled in a fair, non- While residents of condos, co-ops, and HOAs do their part to prevent the spread of COVID-19 by staying in their homes as much as they can, they rely on the su- pers, porters, valets, doorpeople, janitorial workers, handymen and -women, security personnel, managerial staff, maintenance workers, and others to leave their homes to keep these multifamily communities safe, clean, and operational. But over these last six months, as the world has been in the grips of the coro- navirus crisis, property service workers around the country have been dealing with heavier and more intense workloads, ever- shifting regulations, and supply-line short- ages making it harder to carry out their essential duties—all while dealing with the same fear and uncertainty that this virus and its outcomes have inflicted on all of us. Meanwhile, boards and property man- agers have been adjusting to new gover- nance procedures; incorporating the shift- ing regulatory guidance from multiple levels of government into their policies; dealing with pressure from residents to reopen amenities; and figuring out how to incorporate personal protective equip- ment (PPE), foggers, gallons of disinfec- tant, and plexiglass partitions into bud- gets that in many cases were already tight. Given all of these challenges—and in light of the tough, important work that they do for the communities they serve—it is more important than ever to ensure that prop- erty staff continue to feel safe, secure, and supported. In the Beginning At the beginning of the coronavirus crisis, The Cooperator spoke to Carolina González, New York regional communi- cations manager for 32BJ SEIU, the larg- est property workers union in the country. She explained that in New York, there were early agreements with the Realty Advisory Board (RAB) to extend sick pay for work- ers, incorporate guidance from the Cen- ters for Disease Control and Prevention (CDC) for employee protection, and allow Living by the Rules Making—and Enforcing—House Rules BY A J SIDRANSKY Supporting Essential Building Workers How to Show Your Staff You Care BY DARCEY GERSTEIN Community Meetings in the Time of COVID Distancing without Getting Detached BY A.J. SIDRANSKY 205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED continued on page 15