One important attribute of any condominium or cooperative board is that it manifests the best interests of its owner or shareholder base. This requires a certain attentiveness, as the wants and needs of residents are likely to change over time for any number of factors. Neighborhoods and communities are wont to evolve, and a board must be ready to adapt in tune.

Recently, as reported by Michelle Higgins in The New York Times in May, a 14-building co-op complex in Jackson Heights, Queens, lifted a long-held ban on walking on its grass. Now this may sound like a minor alteration in policy, but in New York, space is at a premium and lush landscapes are rare. A board may think that preserving its grassy knolls is paramount, as they add to the property value and can be easily trampled by pets or rambunctious children. But, clearly, in this instance, the tide had changed to the point that being able to enjoy the outdoor common areas emerged as the dominant priority. Which begs the questions: in what other areas are attitudes changing in communal living? How does a board best go about appealing to the desires of a newer demographic without alienating the old guard? From whence does conflict arise?

Yikes, Gripes

Some rules that fall to the wayside—or rile up residents when they do not—do so because they were always just kind of bad. Stephen Elbaz, president of Esquire Management Corporation in Brooklyn, has recently dealt with such a headache at one of his properties. "We had a new board come in to run a 50-year-old post-war elevator property in Brooklyn," he says. "As an apartment rounds that half-century mark, certain things need to be changed or repaired; bathrooms, kitchens and wood floors just don't have that kind of life expectancy. But this building had a rule in place prohibiting the installation of new bathrooms, no matter what. It was the complete opposite of logic. Residents don't want a ratty old bathtub, but the board argued that changing them out would have too great an impact on the plumbing. This was a major cause of consternation."

Sublet policies vary wildly from property to property and from condo to co-op, and can provide another reason for boards and owners to be at loggerheads. "In my experience, sublet policies tend to go up and down with the times," says Elbaz. "Some buildings are very liberal, and others will greatly restrict or prohibit sublets, which causes a hardship on people. If you have someone going away to university, or undergoing a non-permanent job transfer such that they have to leave for a year or so, and they can't sublet their apartment, they have to either leave it empty, which causes a financial burden, or sell it, which may not be ideal for them."

Animal Instincts

In terms of rules that have been greatly affected by changing attitudes, those pet-related are at the top of the list. A rise in acceptance of animals that provide both physical service and emotional support makes it much harder to advocate for an outright ban in a condo or co-op, as exceptions will almost certainly need be made and that can make juggling the demands of various owners burdensome for a board.

"There's almost no such thing as a no-dog building anymore," says Andrew Brucker, a partner with the Manhattan-based law firm of Schechter & Brucker, P.C. "Just due to the medical implications." And there's a direct correlation here with the grass policy because, as Brucker notes, "you're not going to stop dogs from getting on the grass."

Beatrice Lesser, a partner with the law firm of Gallet Dreyer & Berkey, LLP in Manhattan, has had much experience in this area. "I have urged co-op and condo clients who bring dog cases to me to change their policies regarding prohibition," she says. "In every case, the pet owner presents a distressing picture of personal problems that were turned around by their dog ownership and gave them a reason to go on. Or that their doctor told them to get the dog, and their health improved measurably."

Wayward Youth

Oftentimes rules are changed or restrictions loosened when a building begins to skew toward a younger demographic. Common areas that are accessible only during a specific window during the day are sometimes made more available due to the increasing demand of the night owl set.

"An older population might put a ceiling on a playground that isn't used much at, say 9 p.m.," says Brucker. "But if there's an influx of kids, 16-year-olds, for example, aren't going to be happy with a basketball court curfew in the summer. They'll want more access to the common areas, and you'll see the rules change."

This applies similarly to gyms, which can be quite noisy when occupied. An older resident whose unit is nearby may want to close operations down earlier, while a young professional has little use of a gym that's only open from 8 in the morning until 8 in the evening. An older-skewing population with little need for playground or gym equipment is also likely to let such things fall into disrepair, and it becomes the bastion of the new guard to refurbish things. "The biggest thing we see, in regard to changing demographics, is that money actually gets spent to revitalize the old and unused equipment," observes Brucker. "It's not a rewriting of a rule, necessarily, but rather a signal of evolving philosophies."

Market fluctuation affects how new owners view their amenities as well. People are paying more for their units than they were several decades ago, as Steve Troup, a partner with Tarter Krinsky & Drogin observes. A lot of the battles between factions young and old are fought over roof decks, according to Troup. "Roof decks are particularly tough because of both potential noise and the issue of access," he says. "The old guard tends to resist change, and these issues are frequently accompanied by higher-than-usual emotions. Especially now, during annual meeting season, the fights can get nasty."

Even changes in traditional gender roles can seep into condo and co-op discourse. "In the older days, usually a wife didn't work, and could do laundry during the day," says Brucker. "I've seen many occasions wherein a building changes its laundry room policies to accommodate a resident base that works late and cannot possibly take advantage during once-traditional hours."

Despite the fact that many of these changes seem like basic common sense, one might be surprised as to how long it takes official policy to evolve because, as Brucker notes, human beings have a tendency to resist change. "There are many people for whom, when presented with any alteration to the status quo, will automatically be negative. But when enough people stand up at an annual meeting and advocate for things like park benches, or a place to store strollers, or somewhere for pre-teens to play, the board has to listen, or the board won't be sitting in its seats much longer."

Michael Odenthal is a staff writer and reporter for The Cooperator.