Page 5 - New York Cooperator July 2020

COOPERATOR.COM THE COOPERATOR — JULY 2020 5 Our Investment. Your return. WWW.BARGOLD.COM Storage4U@bargold.com (718) 247-7000 In union there is strength. We are here and ready to help. To all the medical professionals and essential workers on the front lines, thank you. You are our heroes and we are forever grateful. And to our amazing customers, we appreciate you. Bargold Storage is here for you and your residents during these trying times. QUESTIONS & ANSWERS Legal Q A& Cover Your Face or Face a Fine Q A few days ago my 80-year-old uncle, who resides at a co-op in Queens, called me to tell me that his co-op board has informed the share- holders that a $1,000 fi ne will be issued to anyone not wearing a mask or facial cov- ering during the current pandemic. Th e board stated that it is necessary in order to protect the super, janitors, doorman, and other staff of the building. I responded that I don’t think the board can legally impose a fi ne. Can you please help with this matter? —Concerned Nephew A “Th e board’s ability to im- pose a fi ne depends upon whether authorization to do so exists in the proprietary lease or the bylaws,” says Phyllis Weisberg, partner in the New York offi ce of law fi rm Armstrong Teasdale. “But the inquiry should not end there, since the board may well have other enforcement mechanisms. Every share- holder has an obligation to comply with the law, and that obligation is typically set forth expressly in the proprietary lease. An Exec- utive Order is part of the law. In an Execu- tive Order issued on April 15, 2020, Gover- nor Cuomo required everyone over the age of two who is medically able to tolerate a face covering to wear one at all times when he or she is in a public place and unable to social distance—that is, unable to maintain a six-foot distance from others. Most if not all cooperative and condominium boards have moved to require a face covering in all common areas of their buildings. Accord- ingly, unless the individual cannot medi- cally tolerate a face covering, the failure to wear one would be a violation of law, and, therefore, a breach of the proprietary lease. As such it would entitle the board to pursue its remedies. “In addition, every employer, includ- ing a cooperative apartment corporation, has an obligation under law, including the federal Occupational Safety and Health Act (OSHA), to provide a safe place for its em- ployees to work. Since face coverings are now deemed essential to protect others, then wearing face coverings is important to maintaining a safe place to work. Th e failure to enforce a requirement of face cov- erings could subject a cooperative to fi nes from OSHA; it could also result in employ- ees refusing to come to work.” Assessments and Maintenance Raises: What’s the Limit? Q Is there a lawful limit on assess- ments and maintenance increas- es that a co-op board can infl ict upon shareholders/tenants in one year or one period? Please advise. —Watching My Wallet A “Th ere is no statute relating to fi nancial increases that a analyze your particular governing docu- board of directors of a resi- dential cooperative corporation can impose that it is improbable that there would be any on its shareholders in any one-year period,” basis to object to increases imposed by a co- says attorney Deborah Koplovitz of the op board in a one-year period. New York City fi rm of Anderson Kill. “It is possible, although highly unlikely, that your board is required to exercise its business bylaws and proprietary lease contain such a judgment in establishing the budget and in restriction. “Aside from contacting an attorney to ments, the short answer to your question is “Th at being said, bear in mind that a continued on page 10