Page 20 - The NY Cooperator September 2019

20 THE COOPERATOR — SEPTEMBER 2019 COOPERATOR.COM York. www.weathertightroof.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 association trying to remove an off ending resident, whether a unit is leased out or owner-occupied. Attorneys interviewed by Th e Cooperator are in general agreement that if there’s no monetary default, the path to removal of a problem owner is pretty much blocked. Th e optimal situation for an association is when the unit owner is in default on monthly common charges. Th e association then has the right to request a receiver to step in and collect rent from the tenant, which can then be turned directly over to the association for both current charges and to make up arrears. A similar tactic for a non-paying owner is described by Schechter: “While a unit owner in a condominium cannot be re- moved for nonpayment of common charg- es, there are tactics that can be utilized by condo boards to accomplish the same re- sult. For example, during a foreclosure ac- tion, a condominium can request the court appoint a receiver to collect rent from the unit. If the unit owner is still living in the unit and refuses to pay the rent ordered by the receiver, the condominium board can bring an action to remove the unit owner for failure to comply with the receiver’s or- der. If the action is successful, the unit own- er can be removed.” Overall, the power of a condominium association is limited when it comes to re- moving troublesome or non-paying own- ers and/or their tenants. Because of those limitations – and because the available legal remedies are so slow going – associations should act quickly, turning over potential problem situations to their attorney for resolution as soon as they’re aware there’s an issue. Dawdling will only cause unpaid charges or off ensive incidents to pile up. Ownership comes with rights and respon- sibilities – as does the stewardship of board members. Both should be taken seriously and acted on with alacrity. n AJ Sidransky is a staff writer/reporter for Th e Cooperator, and a published novelist. REMOVING... continued from page 17 one of multiple ways on a litigation premised upon such conduct. “Notwithstanding this lack of certainty, however, there are actions, rights and rem- edies available for a co-op and board to con- sider and pursue. As a general matter, the board should carefully consider the costs and benefi ts associated with each approach and seek the opinion of counsel to affi rmatively address the situation. As an initial step, con- ducting a survey of shareholders to determine whether suffi cient support exists for imple- menting a broader smoking ban will provide some guidance to the board. Ignoring the problem or demanding that the shareholders resolve the matter amongst themselves might only expose the board and the cooperative’s shareholders to greater liability. It is also important for a board to act promptly in re- sponding to second-hand smoke complaints. Some may be resolved by locating exit points in the smoker’s apartments and closing them. “A complaining shareholder may be suc- cessful in obtaining an abatement of his or her maintenance charges if there is a fi nding by the court against the co-op that all or por- tions of the apartment are not habitable due to second-hand smoke.” Parking Spaces and Out-of-Town Plates Q . Can the board of directors of a co-op and management refuse a parking space to someone who lives in the building but has out-of-town license plates? —Is Th is Legal? A “As with many issues, the answer depends on specifi c circumstances,” says attorney Mark Axinn of the fi rm Brill & Meisel in New York City, “including the resident’s status, the building’s general policies, and whether the board wishes to accommodate various share- holders’ desires. Q&A continued from page 5 continued on page 22