Page 9 - CooperatorNews New York August 2021
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COOPERATORNEWS.COM  COOPERATORNEWS —  AUGUST 2021    9   Over 90 years of service to   New York Cooperatives and Condominiums.   Stay up to date on the latest   legal developments by    subscribing to our New York   co-op and condo blog  The Neighborhood  www.nycoopandcondolaw.com  William L. Brewer  Hugh P. Finnegan   Ezra N. Goodman  212-808-0700  I  Info@norris-law.com  I    www.norrismclaughlin.com  Our service representation of cooperatives and condominiums includes:  Call us or visit our website to speak with one of our experienced attorneys  • Corporate and Board of Director Governance   • Complex construction and financing matters  • Government compliance   • Sales and transfer including, closings as Transfer Agent   • Construction, professional, and service contracts and leases   • Litigation in all jurisdictions, including Landlord Tenant cases  Norris McLaughlin’s Cooperative and Condominium clients range from small buildings   to large multi-building developments.   Krista Halpin  Gerard Proefriedt  Michael T. Reilly  Dean M. Roberts  Burt Allen Solomon  Jodi A. Sokol  Sharyn A. Tritto   Attorney Advertisement  rental  market,  and  are  often  surprised  bors fits into any of those categories?  by how different life is when there’s no   landlord. For instance, repairs within  into a residential community, one should  law, or in accounting. The apathy is re-  one’s unit must be completed—and paid  go in with the understanding that it is ex-  for—by the unit owner or shareholder.  actly that: a community, and that partici-  New owners/shareholders might also lack  pating in governance is a part of what you  less time-suck. Once people get involved,   awareness that they must be involved to  are buying into.  some degree in managing and maintain-  ing the common areas of their property.  Jack (not his real name) is president of   a 212-unit co-op in Greenwich Village.   He has led his building through Hur-  ricane Sandy and a fire on the property.   He gives a good example of the mindset   held by many of the shareholders: “Many   residents look at it as the co-op should do   this, or the co-op should do that, but they   don’t want to take ownership. They’re full   of ideas, as long as someone else will ex-  ecute it. They want the board to do every-  thing—people don’t understand that it’s a   volunteer position.”  Another factor in the hesitance and   misunderstanding  around  community   participation is residents’ belief that they   lack the knowledge or experience needed   to sit on a board. Many believe that only   those in the building with direct experi-  ence in related fields—attorneys, accoun-  tants, real estate professionals, and archi-  tects, for example—are qualified to serve  governance is good communication. Once   and make decisions on behalf of the com-  munity. It’s not an unreasonable thing to  that can be put to use, it becomes time in-  think—but what if none of your neigh-  The simple truth is that when one buys  skills are broader than experience in the   Like Small Town Living   Andy Marks has served as the presi-  dent of his New York City co-op for five  in  getting  residents  involved  has  been   years.  The property is a post-war high  in spreading the work out among board   rise on the Upper East Side of Manhattan  members and committees, so it doesn’t   containing  approximately  210  units. He  all fall on the board members alone. Re-  is also senior vice president for business  liable communication, making the is-  development for Maxwell Kates, a real  sues  known,  and  letting  people  know   estate management firm in the city. “Our  what  opportunities  exist  to  get  involved   building is kind of like a small town, and  and resolve those issues helps otherwise   I’m like the mayor,” he says. “First of all,  uninvolved shareholders feel more com-  everybody is well-intentioned. Our apart-  ments are  our highest  value  asset.  But  Committees are a great way to get people   people are busy, and they have a miscon-  ception about board service being thank-  less and time consuming. Why would you  ing the board when a position opens.  want to put yourself in that position, and   potentially at risk in terms of insurance  building who run committees creating   and liability? People are reticent of being  vibrancy and a feeling of cohesion,” says   involved without  an  idea  of  how  much  Marks. “New people are moving in and   work it will be. It’s a fear of the unknown.”  they are getting involved. It’s more about   However, Marks continues, “When  community than being a shareholder of a   boards are very transparent, I find there   is less resistance. Ninety percent of good   people realize that they have certain skills   vested in adding value to their own units,   as well as that of the building. And those   ally a fear of the unknown, and the idea   that board service will be a huge, thank-  though, they find it to be a very reward-  ing experience.”  Marks says the secret to his success   fortable and empowered to contribute.   started. They see that it need not be a bur-  den, and may be more interested in join-  “There are community members in the   IMPROVING...  continued from page 1  continued on page 10   eral government may be accessed to help   meet this financial obligation for indi-  vidual owners, and should be pursued.”   Indeed, I personally believe that put-  ting forth robust, accurate, timely infor-  mation was what turned the tide in our   community to a more progressive and   proactive board. In the intervening years,   there has been more interest from new-  er shareholders in serving on the board   and its committees. That, and a higher   participation in elections, has  led  to  an   eventual shift in the makeup of the board   to one that consists of 11 professional, as-  tute, responsible members who represent   the community wholly and dutifully. As   far as anyone can remember, this year’s   election was the first uncontested one in   the co-op’s 60-year history—whether that   speaks to community apathy or content-  ment remains  unknown,  but  I’d  like  to   think it is the latter!  Now that I write for the publication   that boards and managers turn to for   information about needs, processes, ser-  vices, and laws related to co-ops, condos,   and HOAs, perhaps this article will serve   as a primer for other board newcomers—  or for existing boards and management   companies seeking to create new “board   on-boarding” materials themselves.        n  Darcey Gerstein is Associate Editor and   Staff Writer for CooperatorNews.


































































































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