Page 9 - CooperatorNews NY February 2022

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Ross • tmr@onepointib.com •212.696.0101 • www.onepointib.com Cesarano & Khan, PC Certified Public Accountants PROVIDING PROFESSIONAL SERVICES TO THE COOPERATIVE AND CONDOMINIUM COMMUNITY Reporting on Financial Statements • Tax Services Budgeting & Consulting • Election Tabulation Services For additional information, contact Carl M. Cesarano, CPA 199 JERICHO TURNPIKE, SUITE 400 • FLORAL PARK, NY 11001 (516) 437-8200 and 718-478-7400 • info@ck-cpas.com cesarano &khan1_8 use this_:cesarano &khan 4 7/22/15 4:59 PM Page 1 skill—it’s psychology, dealing with owners tions are likely to be less effective, and the with a little bit of tenderness, a little bit of protections afforded to people with disabili- empathy,” advises Dakoff. “Because every- one’s in an unusual position, and more peo- ple are home than ever before. They’re trying these situations, “The association must pro- to work and live in a small space, in a vertical ceed very carefully,” continues Sandler, “be- high-rise generally. And so they’re hearing cause it could be accused of violating federal things they never heard before.” Getting Serious While there are prescribed remedies for and shareholders aggrieved by their neigh- incidents that rise to the level of an objective bors’ behavior might be better off taking violation—legal letters, fines, even eviction matters into their own hands, since they are in extreme cases—the appropriate response not constrained by fair housing laws. “Some- to a more subjective complaint might be “a times it makes more sense for an individual little bit of understanding and empathy,” says owner to proceed with his or her own le- Dakoff. Management and the board “may be able to defuse an angry owner just by educating them.” Such education could include reminding share- holders and owners that part of living in a co-op or condo is being a member of a community, “and also that you give up certain rights and privileges when you’re a member of a cooperative or association,” Dakoff con- tinues. “Over the years,” he says, “and especially in the last few months, we’ve had to basically tell people that if they really need total peace and quiet, that’s not going to happen in a ever, these provisions are incorporated into highrise in downtown Chicago. It may just the governing documents to provide own- be that condominium living isn’t right for ers with their own causes of action against a them.” Jay Cohen, president of A. Michael Ty- ler Realty, a management company serving dents\\\] of their right to seek a legal remedy co-ops and condos in Manhattan, Brooklyn, on their own behalf.” Queens, and Long Island, agrees. “There’s a lot of reasonable judgement that must go into responding to complaints,” he says, “and and goes uncured after requisite notice, then each must be dealt with on a case by case ba- sis.” Cohen stresses that “\\\[property\\\] manage- ment is a people business. You have to take torneys alike say that this is never an option into account the human factor in dealing to be pursued lightly, and should only take with these situations.” Another factor that can add to the com- plexity of such situations in a residential setting is the fact that some perpetrators of quarantines and lockdowns, then eviction objectionable behavior are living with an ill- ness or disability that may cause or exacer- bate that behavior. Sometimes, as in the case suming and complex process even more of hoarding, the behavior itself is a symptom. difficult and drawn out. For co-op and In these cases, association and co-op boards condo residents dealing with a disruptive must act in accordance with fair housing or disturbed neighbor (and likely dealing laws, which “prohibit housing providers (in- cluding co-ops and condos) from discrimi- nating against protected classes, including home), patience and empathy probably left people with disabilities,” says attorney Scott the building some time ago. With moratoria J. Sandler Jr. of Sandler & Hansen LLC, a law on evictions expiring across jurisdictions, firm based in Middletown, Connecticut. “Associations are typically empowered to are keeping a close eye on; this publication address health and safety issues,” explains is as well. Sandler, “but the practical use of that power is limited.” In cases where mental or emo- tional disability is a factor, the letters and ID, it’s clear that the effects of the pandemic fines that are normally used to curb viola- ties can make more aggressive actions—such as eviction—fraught, if not impossible. In fair housing laws.” Sandler goes on to suggest that owners gal action, rather than the asso- ciation doing so at the expense of the community. The governing docu- ments of many communities con- tain provisions that prohibit behavior that interferes with the rights of other owners to peaceful- ly enjoy the use of their units,” he says. “Many owners ex- pect the association to enforce these provisions. How- neighbor who is interfering with the peace- ful enjoyment of their unit. Remind \\\[resi- The Nuclear Option When a violation is persistent, egregious, a co-op or condo may have no choice but to proceed with an eviction. Managers and at- place when all other remedies have been ex- hausted. But once again, COVID interferes. First, moratoria, and finally court closures and backlogs have made an already time-con- with them more frequently and with more intensity, given everyone’s increased time at this is an area that managers and attorneys The Communal Spirit As the world enters its third year of COV- are far-reaching and exponential. And as mi- “Property management is a people business. You have to take into account the human factor in dealing with these situations.” —Jay Cohen continued on page 10