Page 12 - WFL Cooperator Winter Expo 2020

12 THE WESTERN FLORIDA COOPERATOR —EXPO 2019 FLCOOPERATOR.COM underwent a total refurbishment. Th e prop- erty was built at the turn of the twentieth cen- tury, and so is over 100 years old. Th e single elevator required modernization and refur- bishing. “Th e board really had to think a lot about the project, and about this problem,” Duggin says. “We had people in the building, one family in particular, where someone was disabled and used a wheelchair. Th ere was no way this resident could go up and down the stairs. Another resident had two very large dogs, and they couldn’t go up and down nu- merous times a day either. Th ere was no way we could accommodate them. In the end, the board did arrange to do the work during the summer months when many people were away on vacation. Th e resident with the dogs had a summer home and went there for the duration of the project. Th e disabled resident stayed with a family member elsewhere. For other residents who were able to go up and down the stairs, we accommodated them by hiring extra staff to help people with their gro- ceries, luggage, etc. We placed chairs on each landing and provided cold bottles of water for anyone who was tired or overheated.” Eveline Smythe is an executive manager with AKAM Management, the managing agent for Th e Tides in Hollywood Beach, Florida. Th e logistics employed for an eleva- tor project at Th e Tides – two 15-story build- ings located on the beach – was completely diff erent, explains Smythe. “Communication is the key,” she says. “Many of our owners are internationally based, in South America and Canada. Much of our communications were done through email blasts. Th e fi rst thing we did was discuss the project with the residents at several meetings. Th en we set up commu- nications by email with notice as to how the tion has had to provide alternative housing at disabled person can enjoy the use of his or her project would progress. We let people prepare their cost during elevator replacements. “I’m apartment in the same fashion that someone for the project.” Since each building has multiple eleva- tors, at no time was anyone stranded. Th ey commodation during the construction,” she sent to every resident of a building when an did make some changes to regular procedures says. “Th e association’s board obviously has to elevator shutdown is planned, and that man- though: “When we did the service elevators, attend to repairs diligently.” we had to halt all move-ins and move-outs and all major deliveries,” says Smythe. “You elevators at all, a Florida resident may request ever, it is generally the responsibility of the could still have small packages or food de- livered, and we had a security offi cer in each tion to the building (typically an elevator lift ) the management or board and request a rea- lobby to facilitate the effi cient use of the re- maining elevators. We did a lot of that kind of Th e only other alternative she considers is ent buildings will handle accommodation logistical planning.” Another important consideration when it owner’s personal insurance policy for loss of Hakim, the answer remains the same: “Rea- comes to navigating a major elevator project use. However, the loss of use has to relate back sonable accommodations must be made for is to enforce the time frame and schedule set to an insurable event – and most policies do those with legally defi ned disabilities.” out by the elevator contractor in their refur- bishment or replacement contract. According able event.” to Duggan, “Th e contract the building signs with the company doing the work will contain condo board should consider before proceed- a clause specifying a timeline and completion ing with an elevator project? Mark Hakim is communicative, and should reach out to all date. If that timeline and date are not met, the a co-op attorney with Schwartz Sladkus Reich the occupants and determine who, if anyone, contract will contain penalties.” While delays Greenberg & Sladkus, a law fi rm based in will need accommodations and how those in any type of construction work are typical, New York. “While all buildings, co-op and can be reasonably made. Open a dialogue when it comes to something as crucial to the condominium alike, have to make necessary with all, and do not ignore the issue until it is community as elevator work, both the board repairs and replacements, it would be unlaw- of directors and management need to stay on ful to discriminate against anyone with dis- top of the situation to minimize the inevitable abilities in connection with such repairs and/ disruption. The Legal Angle So what about residents in single-elevator or condominium building in New York may be requests for accommodations and should, buildings who simply can’t navigate stair- wells? Can (or should) an association pay to ment for a disabled occupant, leading to a process and during the pendency of the work, temporarily relocate them until the project possible claim for discrimination. is completed? Lisa Magill, an attorney with Pompano Beach-based law fi rm Kaye Bender Law, the New York State Human Rights Law, Rembaum points out that in Florida, “Th e as- sociation does not off er alternative housing continues, “reasonable accommodations in when it tents a building for termites,” so the housing must be made who those who suff er same is likely true for elevator work, inconve- nient as it may be. Magill says she is not aware modations to be made should be such that the of any case in Florida under which an associa- not sure whether there are any grounds for who is not disabled can.” owners to make a claim for a reasonable ac- Interestingly, in buildings that do not have which residents may need assistance. How- permission to install a reasonable modifi ca- at their personal expense, Magill explains. sonable accommodation to be made. Diff er- that “Th ere may be coverage under the unit requests in diff erent ways, but according to not include building maintenance an insur- So what are the real liabilities a co-op or evator repair/replacement project, co-op and or replacements,” he says. “Th e removal of a noring the issue until it is too late. Each board building’s sole elevator from service in a co-op should understand and expect that there may mean a lack of reasonable access to an apart- “Under the New York City Human Rights requests. and the Federal Fair Housing Act,” Hakim from legally defi ned disabilities. Th e accom- Hakim cautions that notice should be agement should make inquiries to determine disabled shareholder or unit owner to notify When it comes to something as crucial – and as potentially disruptive – as a major el- condominium boards should be proactive and too late. It’s always better to be communicative and proactive, rather than tight-lipped and re- active. Th e worst thing that can be done is ig- at all times before, during and aft er the bid be ready to assist and respond to reasonable n A J Sidransky is a staff writer/reporter with Th e Western Florida Cooperator, and a published novelist. ELEVATOR... continued from page 1 the records of the association which must be kept. Th e provisions were made applicable to pre-1999 condominiums, so all associations in Vermont—no matter when formed—must comply with the requirements of 3–118. “Perhaps more important to condomin- ium owners is that there is now a provision that requires that all records both required to be retained by an association and otherwise kept by the association must be available for examination and copying by a unit owner or the owner’s authorized agent during reason- able business hours or at a mutually conve- nient time and location aft er fi ve days’ notice. Th e statute provides for the association to charge a reasonable fee. “Vermont’s version of UCIOA also sets forth those records that may be withheld from inspection and copying. Th e protected re- cords include: • personnel salary and medical records re- lating to specifi c individuals; • contracts and transactions currently be- ing negotiated; • existing or potential matters in litigation, mediation, or arbitration; • declaration, bylaw, or rule enforcement shall keep minutes of the proceedings of its reports, building invoices, redacted legal in- actions currently proceeding; • association-attorney communications; • records of an executive session of the ex- ecutive board; • individual unit fi les other than those of cord containing the names and addresses to create paper copies or electronic copies the requesting owner. “Th ere’s no specifi c provision in Vermont’s shares held by each, and the dates when they confi dentiality concerns were suffi ciently ac- version of UCIOA that sets forth what can respectively became the owners of record commodated by requiring the owner to sign a happen if an association fails to comply with thereof. Any of the foregoing books, minutes, confi dentiality agreement.” these sections. An owner would be able to or records may be in written form or in any go to the appropriate Superior Court and get other form capable of being converted into a judge to order the dissemination of the re- quested documents if they were not otherwise protected by statute. An owner might be able provide requirements to maintain records a list of certain categories of items that must to have the Superior Court judge award fees and indicate inspection rights of its member- and costs and perhaps even attorney’s fees if ship. Also, a shareholder has both statutory nice checklist that should be incorporated a showing could be made that the association and common-law rights to inspect books and into anyone’s management policies for record- unreasonably withheld the documents.” Lewis Montana, a partner with Levine & Montana in Peekskill, New York “Section 624 of the New York Business owner has similar inspection rights under Corporation Law addresses books and re- cords, right of inspection, and prima facie evi- dence as follows: “‘Each corporation shall keep correct and association’s board did not have an obligation complete books and records of account and to mail or email copies of monthly fi nancial shareholders, board, and executive commit- tee, if any, and shall keep at the offi ce of the owners, an owner’s right to examine those corporation in this state or at the offi ce of its records at the managing agent’s offi ce during transfer agent or registrar in this state, a re- of all shareholders, the number and class of at her own expense during her inspection; written form within a reasonable time.’ “Th e bylaws of an association may also records of the corporation if inspection is keeping. Th ese are things like condo docu- sought in good faith and for valid purpose. “Courts indicate that a condominium meeting minutes, things like that. common law. “In one case, Pomerance v. McGrath, the that an association should have some physical court instructs that, although a condominium records, it’s best to back those up and have an voices, or board meeting minutes to unit- convenient weekday hours included a right Katherine G. Brady, an associate with Moriarty Troyer & Malloy LLC in Boston and Braintree, Massachusetts “In Massachusetts, it’s statutory that there’s be kept for seven years, which makes for a ments, fi nancial records, contracts, insurance, “It’s not specifi ed that these need to be kept within the commonwealth. While I would say KEEPING... continued from page 1 • existing or potential matters in litigation, “‘Each corporation shall keep correct and association’s board did not have an obligation