WFL Cooperator Winter Expo 2020

Winter/Expo 2019 FLCOOPERATOR.COM It is essential that a community associa- tion keep thorough records of its financials, rules and regulations, meeting minutes, and so on. Not solely because the law often requires it—although following the law is certainly advisable—but also because an as- sociation that fails to maintain a ledger of its history is doomed to repeat its past mistakes. This is not to say that every association needs to have a cavernous records room on-site— we are living in a digital era, after all—but having definitive guidelines as to who holds on to what information, where, and for how long is a must. Legal Obligations While there are certainly broad guiding principles pertaining to record-keeping in a community association, specifics can vary based on state law. Below, several attorneys from different markets discuss the particular nuances therein. (It’s worth stating that simply following the law is not always adequate. Even if a cer- tain practice is not necessarily required in your state, it may be a practice worth adopt- ing in your association.) Jack Facey, partner with Facey Goss & McPhee P.C. in Rutland, Vermont “Vermont has adopted much of the Uni- form Common Interest Ownership Act (UCIOA)—and specifically has adopted the sections thereof relating to the keeping of as- sociation records. Sections 3–118 deal with continued on page 12 No matter how well-constructed and carefully maintained, no mechanical system lasts forever – and that goes for elevator cabs and equipment just as much as it applies to roofs or boilers. At some point, your build- ing’s vertical transportation comes to the end of its useful life, and the inconvenience of re- furbishment and replacement becomes a re- ality for residents. If you live on a lower floor – say the first, second, or even the third story – the inconvenience may not be too severe. If you live in a building with multiple eleva- tors, it’s unlikely that more than one will be taken out of service for upgrading at a time. But if you live in a building with a single el- evator and reside above the first few floors, or if you have trouble climbing stairs at all, let alone carrying packages up or down, an el- evator upgrade can become a real nightmare. “Single elevator buildings are a challenge,” says Joe Caracoppa, an elevator consultant with Sierra Consulting Group, a New York City-based elevator consulting firm. “The question is how do you get the people up and down for six to eight weeks while the work is being done and completed? \[The answer\] is usually walking up and down. When the elevator is out, it’s out. It can’t be used tem- porarily.” On the other hand, Caracoppa continues, “Multi-elevator buildings are easy. You always have another car, a freight car or the other passenger elevator. But if it’s just a single elevator, well, no one can use the eleva- tor during the process, and it must be tested by the city before it can be put back into op- eration.” Planning for the Inevitable Jacqueline Duggin is a building man- ager with Gumley-Haft, a Manhattan-based residential property management firm. She manages a seven-story, single-elevator build- ing on Manhattan’s East Side that recently Home Sweet Home can become un-sweet very quickly indeed when the physical environment you’ve worked hard to create becomes a source of environmental toxicity. Chemicals, smoke, pet dander, and mold, along with other allergens and irritants, can make a person’s life miserable. If you live in a private home, the solution is clear: get rid of the cat, remove the plant or bush, use environmentally safe and hypoallergenic products for cleaning and exterminating. In a multifam- ily residential community such as a co-op or condominium, however, eliminating those irritants can be more difficult. The pet may belong to your neighbor; the landscaping choices may not be your domain; and the chemicals used by the exterminator may be out of your control. But difficult or not, condo and co-op boards have just as much responsibility to address—and ameliorate, if at all possible—residents’ environmental sensitivities as they do a person’s need for a wheelchair ramp, or large-print meeting minutes. Are Environmental Irritants a Cause for Disability? According to Ellen Shapiro, an attorney specializing in community law and a partner at the law firm of Goodman, Shapiro and Lombardi, located in Dedham, Massachusetts, “Multiple chemical sensitivity in itself is considered a disability. The Department of Housing and Urban Development (HUD) administers all these issues. They take the position...that what they refer to as ‘environmental illnesses’ are legitimate. The definition of a disability under HUD—and that’s Elevator Refurbishment Managing a Major Service Disruption BY A J SIDRANSKY Keeping an Often Digital Paper Trail Best Practices For Maintaining Community Association Records BY MIKE ODENTHAL Environmental Irritants Managing Residents’ Chemical Sensitivities BY A J SIDRANSKY 205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED continued on page 13 continued on page 12 THE COOPERATOR EXPO 2019 WHERE BUILDINGS MEET SERVICES 180+ EXHIBITORS, SEMINARS, FREE ADVICE & NETWORKING WESTERN FLORIDA’S BIGGEST & BEST CONDO & HOA EXPO! TAMPA CONVENTION CENTER — THURSDAY, DECEMBER 5, 10–3:30 FREE REGISTRATION: TAMPA-EXPO.COM the definition we use—is a disability that substantially limits a major life activity. HUD rules apply nationwide. States may expand upon them, but not diminish them.” The legal framework under which we consider disabilities is further defined under the Americans with Disabilities Act (ADA), explains Mark Hakim, of counsel at New York-based law firm Schwartz, Sladkus, Reich, Greenberg & Atlas. “The Americans with Disabilities Act, as amended from time to time, is a federal law protecting those with legal disabilities,”