Page 19 - New York Cooperator January 2019

COOPERATOR.COM THE COOPERATOR — JANUARY 2019 19 Smokes Smoking is one issue that has caused of Montgomery McCracken Walker & a great deal of debate in multifamily Rhoads LLP in New York City. “Just due communities for decades now. Ameri- cans once smoked cigarettes at work, on planes, while pregnant, in restaurants llet Dreyer & Berkey, LLP, in Manhattan, – whenever – and then suddenly it was has dealt with this issue time and again. “I barred from nearly all public spaces, and have urged co-op and condo clients who most private ones too. Now with an in- crease in marijuana legalization, a dif- ferent type of smoking is picking up Big “In every case, the pet owner presents a Tobacco’s slack. Community associations distressing picture of personal problems frequently find themselves navigating that were turned around by their dog turbulent waters when adapting rules and ownership and gave them a reason to go regulations to address the clouds of can- nabis. “Smoking definite- ly comes to my mind as one of the biggest topics at our commu- nities in regard to the disturbance it can cre- ate for non-smoking residents,” says Anita Chmilarski, Owner of Linear Property Management, LLC, in Tyngsboro, Massa- chusetts. “Most asso- ciations have adopted a rule about the distance from a building at which a resident can smoke, but some the improved board-resident relations are going so far as to consider amending such a move can foster, but in the interest their master deed to render their commu- nity completely non-smoking. “In Massachusetts, where they’ve re- cently legalized marijuana state-wide, this will surely become an issue,” Chmi- larski continues. “Also, where association rules allow owners to have some of their own plantings in limited common areas, we will likely see instances where mari- juana is growing in areas to which under- age residents would have access. Boards are already discussing whether it is pru- dent to amend their rules now in order to address this issue before it becomes a problem.” Animals Pet-related rules are another branch of demand. regulation routinely affected by changing attitudes within a community. Increas- ing cultural acceptance of animals that that isn’t used much,” says Brucker. “But if provide either physical service or emo- tional support makes it much harder for to change\]. 16-year-olds, for example, an association to advocate for an outright aren’t going to be happy with a basketball ban on pets–as exceptions will almost court curfew in the summer. They’ll want certainly need to be made that can then more access to the common areas, and cause headaches for a board attempting you’ll see those rules change.” to juggle the conflicting demands of indi- vidual owners. “There’s almost no such thing as a no- dog building anymore,” notes Andrew P. Brucker, a partner with the law firm to the medical implications.” Beatrice Lesser, a law partner with Ga- bring dog cases to me to change their policies regarding prohibition,” she says. on. Or that their doctor told them to get this dog, and their health improved measurably.” Studies have shown that even people without any sort of pre-exist- ing ailment report better quality of life from having a pet in their home. Thus, it may be well worth it for boards to consider lifting outdated pet bans – not just for of making a real, positive impact on their neighbors’ lives. Youths As a younger generation of buyers moves into a building or community as- sociation and start families, the com- munity is naturally going to change to reflect the interests of both those parents and their children. If the community had previously skewed more toward older residents, this can sometimes cause a bit of culture clash between the old and new guard. For example, common areas that were once only accessible during a fixed window of time during the day may have those hours extended due to increasing “An older population might put a clos- ing time of, say, 9 p.m. on a playground there’s an influx of kids, \[that might need This also applies to gyms and fitness rooms, which are notoriously loud while “Changing culture, owner demographics, and other factors can push a board to adjust its community’s governing policies to refl ect those evolving priorities.” continued on page 23