Page 2 - NY Cooperator April 2020

2 THE COOPERATOR — APRIL 2020 COOPERATOR.COM Offer your residents an exceptional onsite storage amenity! We will turn your unused building space into a secure, state-of-the-art storage facility FOR FREE . We will handle everything from start to finish, and we’ll PAY YOU monthly. We do all the work. You get all the credit. Our Investment. Your return. WWW.BARGOLD.COM Storage4U@bargold.com (718) 247-7000 Keep Everyone Informed e media is saturated with national and local information—and misinformation—but what about information on your particular association? Let your owners and residents know that the board and management are at the helm, steering the ship with con dence, and with all of their interests in mind. If your association has a website, post regular infor- mation on the rules, rule changes, places that you’ve installed hand sanitizer, cleaning pro- cesses that are being employed in the com- mon areas, and anything else you’re doing as a board or management team to protect your as a clubhouse, pool, gym, and so forth are be- associations during this unsettled time. Take Charge of the Common Areas Your board is charged with governing the cleaned. Further, the association may want to community and the common areas. If the assess whether additional hand sanitizers, au- common areas are not properly maintained tomated soap dispensers or disinfectant wipes – including being thoroughly cleaned on a should be placed in common areas. Your regular basis – it poses a risk; not only to own- ers and residents who may contract the virus, common areas or amenities on a temporary but to boards and management who may face basis. claims of negligence in performing their obli- gations to the community, and/or breaches of to have COVID-19 has been in the common their duciary or contractual duty. So take a hard look at what is being done o those areas and wait up to 24 hours before to maintain your common areas. For example, beginning to clean and disinfect. the board and management might review how frequently any shared community areas such ing cleaned. In addition, your board should review how well the shared areas are being board may even want to consider shuttering If an individual suspected or con rmed area, it is recommended by the CDC to close Consider Alternative Ways to Meet In the interest of social distancing, boards should put o in-person meetings for the foreseeable future. Board meetings in New York can be done telephonically, as long as everyone can hear each other. Online board meetings are a possibility as well. Some prod- ucts like O ce of the Board (www.o ceo he- board.com) allow boards to meet online, or even make board decisions without a meet- ing, provided that the decision is unanimous. Decisions that are unanimous can be made by unanimous written consent, and don’t re- quire a board meeting. Where a meeting is required, consider having your management or the board members coordinate a telephone call or a video-conference so the board can get together virtually and make decisions. Staying out of meeting rooms — as well as each oth- ers’ apartments —for the time being is crucial to slowing the pace of infection and keeping ourselves and each other healthy. Postpone Annual Meetings If your association’s annual meeting is coming up, postpone it. If a prompt unit owner decision is absolutely necessary, there are electronic voting applications that allow for owners to vote electronically from wher- ever they are. Like in-person board meetings, annuals should be postponed, and an alterna- tive way of having electronic voting should be explored. Your counsel should be consulted about whether the new laws in New York on electronic voting apply to your association, or whether you need to amend your bylaws to al- low electronic voting. If your association can vote electronically now, it should be explored, since a congregation of owners is not neces- sary. Avoid Liability At this point, it is inevitable that at least one resident in your building or community will contract the virus, if they haven’t already. Resident-to-resident, resident-to-sta (and vice versa) transmissions are also likely as the pandemic runs its course. Illness and safety are always concerning and heighten the stakes around necessary everyday operations. How- ever, in the end the board is charged with operating the association, maintaining the common elements, and doing its best to be reasonable and act in the best interest of the association. In rulemaking or taking action, be considerate —yet protective—of the entire community you represent. As a board, exer- cise your business judgment collectively. Do not make decisions out of self-interest—and when in doubt, consult your professionals. In sum, when faced with a health crisis like COVID-19, the association’s board and management should be proactive in think- ing about upcoming annual and board meet- ings, community events, etc. We recommend keeping everyone informed about what your board and management are doing to protect the community from the virus. Community associations should also review their rules and may wish to consult with legal counsel regard- ing their options under the law and governing documents of the association. ■ Joseph Colbert is a partner at Colbert Law with o ces in New York and Connecticut. MANAGING... continued from page 1