Page 15 - The NY Cooperator September 2019

COOPERATOR.COM THE COOPERATOR — SEPTEMBER 2019 15 E-mail: mschneider@schneiderbuchel.com WWW.SCHNEIDERBUCHEL.COM 462 Seventh Avenue, Suite 1600 New York, NY 10018 P: 212.485.9400 666 Old Country Road, Suite 412 Garden City, NY 11530 P: 516.393.5555 For more information, please contact: Marc H. Schneider, Esq. Full Service Law Firm for Cooperatives, Condominiums and Homeowner Associations LEGAL GUIDANCE — RESOURCEFUL SOLUTIONS www.automaticindustries.com 1-800-THE-WASH WOMAN OWNED COMPANY BACKED BY A LOT OF MAN POWER FAMILY-OWNED SINCE 1971 We offer a boutique style of service We are compassionate and caring to our customers While still being competitive with the “Big Box” Boyz! Offering state-of-the-art laundry rooms there is a rule that prohibits leaving things It rarely changes behavior. You need to talk in the hallway. The question is, is the infrac- tion egregious enough? The infractions and have a better understanding if you explain the fines can’t be overly subjective.” A good things to them, rather than just say no.” example, he suggests, is smoking restric- tions. “In New York City, each residential shareholders are unhappy about the fines as building must have a smoking policy by enacted, they can change the board of di- law. That smoking policy lays out the rules. rectors through a vote. More ominously, if That limits the association’s or corporation’s someone is very unhappy about the enact- ability to fine.” Butler agrees, and adds: “There has to be is unwarranted, there is the risk of litigation. enough investigation to support the fine. You can’t just do it on suspicion. And that’s where boards can get in trouble. You need that accompany them apply to all residents concrete evidence. Cigarettes thrown off a — whether they are unit owners, or renters balcony and landing on another balcony or in units owned by someone else. The ques- terrace can cause a fire. But you don’t have tion is, who pays a fine in a sublet or rental proof as to who threw the cigarette butt off their balcony in the first place. It’s unlikely rules. “The tenant gets fined if the unit that residents will agree to undergo DNA is rented out,” says Roque. “If the tenant testing to determine who the perpetra- tor is.” However, Butler does mention one association he knows of that requires all get its money. “Leases are usually for one residents to have their pets’ DNA registered with the building in the event of a ‘walk- ies’ mishap, so that the building management can identify the per- petrator through pet- poop forensics. Airbnb and Other Homesharing Apps One big factor re- cently in play when it comes to fines is Airbnb. The popular homesharing platform has experienced vary- ing levels of resistance in many cities nation- wide. Some destina- tions – including New York City – have enacted very detailed pro- hibitions against Airbnb rentals. Chicago should be reviewed by that committee to in- has a similar ordinance, though not as ag- gressive as New York. In response, many make certain that the fine was not charged communities – particularly co-ops, which arbitrarily or in retaliation for some action have more authority over owners than con- dominiums – have enacted rules to elimi- nate short-term vacation rentals from their careful about how, when and for what buildings and complexes entirely. Butler points out that the effectiveness of owners’ behavior. Rules are rules, but not fines in this specific situation is one of dol- lars and cents. “Over the last several years and prohibitions. Some may see the rule as \[renting one’s unit\] via Airbnb has become unfair or spurious, while others could view the most finable event we see. But the mon- ey made through the Airbnb rental may be cation between neighbors should be em- so substantial for the owner that the fine ployed before punishment, while fines and becomes just part of the cost of doing busi- ness. The fine has to be so onerous—and resort. perhaps other punitive measures must be employed as well—as to make continuing the behavior untenable for them.” For his part, Wollman doesn’t see the effectiveness of fines overall. “How much can you fine someone? A hundred dollars? about the problem with the resident. People He also warns that in the end, if owners or ment or enforcement of a fine he or she feels Renters and Subletters Rules, regulations, and the fines and fees situation? Much of that depends on house doesn’t pay, the owner is responsible.” One way or another, the association will year, and while we rarely evict a tenant for non- payment of a fine, the board will simply refuse to permit the owner to renew the lease,” as per governing docu- ments, Roque continues. Either way, the owner will have to pay the fine in the end. Another pro- vision to ensure fairness is to set up a griev- ance committee. When an owner is subject to a fine, the case sure impartiality and transparency, and to on the part of the owner. In the final analysis, boards should be reasons they employ fines to control unit everyone may agree with specific protocols it as perfectly reasonable. Good communi- fining in general should be used as a last n A J Sidransky is a staff writer/reporter for The Cooperator, and a published novelist. “There aren’t that many offenses to fine for. You’re not going to fine a shareholder or a unit owner for leaving their shoes in front of their door because there is a rule that prohibits leaving things in the hallway.” — Daniel Wollman