Page 18 - CooperatorNews New York June 2022

18 COOPERATORNEWS — JUNE 2022 COOPERATORNEWS.COM Himmelfarb & Sher, LLP • (914) 682-0040 Cooperative and Condominium Law—Real Estate Closings One North Broadway, Suite 800, White Plains, NY 10601 Contact: Ronald A. Sher, Esq. • Norman D. Himmelfarb, Esq. Law@himmelfarb-sher.com • Direct Dial: 914-461-0220 ATTORNEYS Abrams Garfi nkel Margolis Bergson, LLP 1430 Broadway, 17th Floor, New York, NY 10018 212-201-1170 • www.agmblaw.com Barry G. Margolis, Esq. • Robert J. Bergson, Esq. ACCOUNTANTS ARCHITECTS SERVICE DIRECTORY  Over 30 years of coop & condo experience  Hands on Personal Attention Timely Service  Contact: Gary Adler, CPA Sarah Haar CPA   www.bassandlemer.com 516-485-9600 adler@basslemer.com Contact: Lauren Ziemba, CPA Sarah Haar, CPA lziemba@basslemer.com n n FSI ARCHITECTURE Restoration Preservation Investigation Interior Design 307 7th Ave, #1001 New York, NY 10001 FSI.NYC 212.645.3775 110 E. 42nd Street, 17th Floor New York, New York 10017 Robert J. Braverman, Scott S. Greenspun (212) 682- 2900 www.braverlaw.net rbraverman@braverlaw.net sgreenspun@braverlaw.net Braverman Greenspun, P.C. ATTORNEYS Abrams Garfi nkel Margolis Bergson, LLP 1430 Broadway, 17th Floor, New York, NY 10018 212-201-1170 • www.agmblaw.com Barry G. Margolis, Esq. • Robert J. Bergson, Esq. H Co L Belkin Burden Wenig & Goldman, LLP Specializing in all aspects of Cooperative and Condominium Law including Landlord/tenant proceedings. Copy of Monthly Newsletter available upon request. (212) 867-4466 contact: Aaron Shmulewitz/Daniel Altman ashmulewitz@bbwg.com/daltman@bbwg.com www.bbwg.com • • Re • Conta Th Ne A full service real estate law firm serving the cooperative and condominium community Eric M. Goidel, Esq. egoidel@borahgoldstein.com (212)431-1300, Ext.438 Manhattan: 377 Broadway l New York, NY 10036│(212) 431-1300 Queens: 108-18 Queens Blvd│Forest Hills, NY 11375│(718) 263-6611 www.borahgoldstein.com ARCHITECTS architecture interior design engineering project management forensic investigations 307 7th Avenue, Suite 1001, New York, NY 10001 Tel. 212.645.3775 Fax. 212.645.4099 Form Space Image ARCHITECTURE PC 516-485-9600 adler@basslemer.com P A Please submit Pulse items to Darcey Gerstein at darcey@cooperator.com 18 THE COOPERATOR — JUNE 2020 New York Residents Notice Mail Delays During Pandemic While “Neither snow nor rain nor heat nor gloom of night stays these cou- riers from the swift completion of their appointed rounds,” as the United States Postal Service’s motto goes, CBSNewYork reports that the organization has experi- enced delays in service as a result of the COVID-19 pandemic—and New Yorkers are noticing. CBSNewYork reports that according to some Bronx residents, they haven’t re- ceived their mail—including packages, of bills, and medications—in almost a week. Maryann Monte, a retiree who lives in an apartment building in Kingsbridge, indi- is cated that she received an email from her building stating that their local post of- fi ce has been “inactive, apparently due to numerous employees’ COVID-19 related exposure and/or diagnosis.” At one Riverdale co-op, says CBS, rumors have been circulating that coro- navirus has ripped through the local post offi ce, resulting in noticeable mail delays. Co-op resident Kevin Ploth tells CBS, “I’ve noticed, along with some of my neighbors—we have a mailman who we know by name, and the last we saw of him was Th ursday of last week.” When CBSNewYork reached out to USPS regarding the delays, a spokesper- son’s response was, in part, “\\\[W\\\]e con- tinue fl exing our available resources to match the workload created by the im- pacts of the ongoing coronavirus pan- demic.” In other words, completion of ap- pointed rounds will not be “stayed” by the pandemic—yet—but it may be less “swift ” than the delivery times to which we’ve be- come accustomed in the 21st century. CBSNewYork notes that while the Centers for Disease Control and Preven- tion (CDC) and the World Health Orga- nization (WHO) say there’s no evidence of the virus spreading through contact with mail or packages, at least one study has shown that coronavirus can remain on surfaces such as cardboard for up to 24 hours. Th erefore, it is recommended that any packages be left outside the home for at least that time period, and to clean any surfaces with which the package comes in contact. And—of course—wash your hands aft er handling any mail or packag- es, or anything else received from outside of your home. n small things that change can make a diff er- ence.” Vaughan describes her approach to fi nding suitable themes as providing options so boards can exercise choice. “We usu- ally come with two schemes,” says Vaughan. “Th e fi rst is the one that we’re excited about. We know it’s great for the building in terms of its personality and goals. Th en we’ll have a second scheme, \\\[ …\\\] and maybe there are elements of that second scheme that the res- idents might appreciate more.” Project Management & Planning Realistic future planning can alleviate the pressure to choose a relevant and reasonably timeless design. “Buildings should consider changing their design every seven to 10 years,” says Vaughan. “You’re \\\[not\\\] looking for something that will last 30 years. We’re going to go through trends, and the reality is that amenity furniture gets beat up and worn. To keep things looking fresh, there needs to be continual upgrading. In terms of design, we want something that’s not quite classic in the traditional sense, but more like clean lines contemporary without being over the top.” When it’s time to begin planning a re- model, your design professional can be a board or committee’s best resource for where to start. “I start the project by providing an overall budget,” says Baron. “I can draw to- gether a budget because of my resources and fi gure out a design solution.” When choosing a new interior design, there are several elements at play. While it may seem chaotic, the process can refl ect the result. Boards and HOAs might fi nd rest in knowing that they are not alone in making the choices that enrich their communities and then spend time in a newly designed, serene amenity space to congratulate a job well done. n Melissa Swinea is a freelance writer and contributor to CooperatorNews. DESIGN TRENDS... continued from page 17 ciplinary decisions should be made on a board level and not determined by an individual board member, whether the board member is the president or not. “In the situation where a board presi- dent has verbally abused a building staff member, the board members should dis- cuss the matter with the president, and the other board members should make it clear to the president that such behavior is not in the best interest of the build- ing and will not be tolerated. Th e board can also entertain a resolution confi rm- ing that no board member may verbally abuse a staff member and that all negative feedback and disciplinary action shall be handled by the management team. Should the president continue to abuse the staff , the board can remove the president from Q&A continued from page 5 offi ce (as the president) and possibly from that such party was negligent and there- the board (the condominium or coopera- tive bylaws should describe the process party’s property in its possession (here, for removing a board member from of- fi ce, which can usually be done by a board agreement, the shareholders would have vote, and for removing a board member to prove that the co-op or garage opera- from the board, which usually requires a tor was negligent, which would not seem vote of the unit owners or shareholders).” Parking Problems Q We live in a co-op where the their damages by taking photographs unit we purchased comes with their damaged mirror and the paint resi- a parking spot. Our parking ga- rage has valet parking and we leave our ten estimate to repair the damages. Th keys with the attendants. We found that documentation and estimate could then our rearview mirror had scratches on the be submitted to the co-op or garage op- paint and there was residue of paint from erator for reimbursement. If the co-op or the columns in the garage. Th is led us to garage operator refuses to reimburse the believe that the damage was done by one shareholders, the shareholders could fi le of the attendants in the garage. Is the co- op liable for these damages since we are court, assuming the shareholders’ dam- leaving the keys for them to move the car? ages do not exceed the respective $3,000 Also, does a sign in the garage indicating to $10,000 jurisdictional limitations of they are not responsible for damages re- lease them if they are driving our car? —Who Pays? A “Typically, when a cooper- ative apartment comes with may still be liable because New York has a parking spot, the parking a statute that prohibits garage operators spot is not allocated shares and is not con- sidered part of the apartment,” says attor- ney Stephen M. Lasser of the New York operating a parking garage. City and Westchester-based Lasser Law Group. “Th erefore, the parking spot is is deemed to be a bailment or license, the not covered directly by the shareholders’ co-op or garage operator would still have proprietary lease and will instead be gov- erned by one of two legal arrangements, ers’ car and may be liable for damages to known as a bailment or a license. If there the car if it failed to do so adequately.” is no separate written agreement covering the parking spot, the arrangement will probably legally be deemed to be a bail- ment. However, most cooperatives and third-party garage operators who lease and manage garages for cooperatives re- quire shareholders with parking spots to enter into written license agreements gov- erning the use of the parking spots. “Assuming there is no separate writ- ten agreement, a court viewing this issue would determine if the cooperative or garage operator retained ‘possession, do- minion, and control’ over the sharehold- ers’ car, which are the primary factors that create a bailment relationship. Th e fact that there is a valet who retains the shareholders’ keys to the car is strong evi- dence that a bailment relationship would be deemed to exist if there is no written license agreement. “Under either legal arrangement— bailment or a written license agreement— the co-op or garage operator would have a responsibility to safeguard the sharehold- ers’ car from damages such as the ones de- scribed here. However, under a bailment, if property is damaged while in posses- sion and control of a party (here the co- op or garage operator), the law presumes fore responsible for damages to the other the shareholders’ car). Under a license to be diffi cult to prove here in light of the paint residue on the columns in the ga- rage. “Th e shareholders should document due on the columns and obtain a writ- a case in their town or city small claims these courts. “Even if there is a sign in the garage or a provision in a written agreement that claims the co-op or garage operator is not responsible for damages to cars parked in the garage, the co-op or garage operator from exculpating themselves from liabil- ity that arises from negligent acts while “In sum, whether the relationship here an obligation to safeguard the sharehold- n Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd informa- tion you need about a build- ing’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to CooperatorNews and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: darcey@cooperatornews.com Q&A