Page 15 - NY Cooperator Expo April 2019

COOPERATOR.COM THE COOPERATOR — APRIL 2019 15 The premier NYC interior design firm for lobby, hallway, and common area installations at high-end cooperatives, condominiums, and real estate developments. t: 212.757.0631 www.sygrove.com e: Marilyn.Sygrove@sygrove.com Sygrove Associates Design Group, Inc. 594 Broadway, Suite 900 New York, NY 10012 isfied the resident, who backed off her ac- cusations. Screening Rooms Rapolla says light snacking is allowed in his building’s movie screening room, and that maintenance staff does a thorough cleaning of the space every week. An ex- terminator visits once a month. The local fire department does a walk through once a year, and the New Jersey Department of Community Affairs (DCA) also inspects once every five years to make sure all the smoke alarms are working. However, “the trend is away from screening rooms,” says Hamilton. That said, she recommends that if your building has one – or wants to put one in – give a great deal of thought to the materials used, from flooring to seat upholstery. Installing anti-bacterial and anti-fungal products on the floors, walls and seat covers can make it significantly easier to maintain a clean, hygienic environment. Battery operated air fresheners using scented essential oils can also be used to improve freshness in all types of facilities. They can be drizzled into air conditioning and ventilation ducts, creating a pleasant but not overwhelming scent ‘signature’ for the space. Liability or Amenity? “With any amenity comes potential li- ability for property damage, or bodily in- jury to a third party,” says Chicago-based attorney Sima L. Kirch. “Generally, a board is charged to act with reasonable or due care in all areas of association life – par- ticularly including the regulation, upkeep and maintenance of common amenities – to prevent harm from foreseeable danger and/or criminal activity. Failure to do so may result in a finding of breach of duty and a charge of negligence. “To be held liable,” Kirch continues, “an association would have to have acted negli- gently, or in breach of their duty, assumed be sued for a slip, trip or fall at the pool, a duty it did not have and failed to perform hospitality room, gym, spa, playground or steps can help an association hedge against it with due care, or have a statutory duty to roof deck, or for products liability, should any possible claim: perform \\\[a particular duty\\\]. If a breach of someone become ill as a result of eating duty or negligence is found, it must be the tainted food at an association sponsored on all of the rules and laws (federal, state, proximate cause of the injury or loss. A duty event, for example. The best way for a board county, and local) impacting the use of any is limited by the extent of the undertaking, to protect the association is by employing particular amenity. In some states, no life- and injury must be reasonably foreseeable.” In essence, she concludes: “A board can maintenance.” best practices in regulation, upkeep, and According to Kirch, these following 1. Educate both your board and owners continued on page 44 “You want to make sure there is adequate signage with the rules and regulations, dis- claimers, emergency procedures and contact personnel displayed inside the facility.” — Gail Hamilton