Page 8 - CooperatorNewsSouth FLorida 2021

8 COOPERATORNEWS SOUTH FLORIDA
—FALL 2021
SOFL.COOPERATORNEWS.COM
“The board really had to think a lot about
the project, and about this problem,” Dug-
gan says. “We had people in the building,
one family in particular, where someone
was disabled and used a wheelchair. There
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 numerous times a day either.
There 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.
The resident with the dogs had a summer
home and went there for the duration of the
project. The disabled resident stayed with a
family member elsewhere. For other resi-
dents who were able to go up and down the
stairs, we accommodated them by hiring
extra staff to help people with their grocer-
ies, 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 The Tides in Hollywood Beach.
The logistics employed for an elevator proj-
ect at The Tides—two 15-story buildings
located on the beach—was completely dif-
ferent, explains Smythe. “Communication
is the key,” she says. “Many of our owners
are internationally based, in South America
and Canada, so much of our communica-
tions were done through email blasts. The
first thing we did was discuss the project
with the residents at several meetings. Then
we set up communications by email with
notice as to how the project would progress.
We let people prepare for the project.”
Since each building has multiple eleva-
tors, at no time was anyone stranded. They
did make some changes to regular proce-
dures, though: “When we did the service
elevators, we had to halt all move-ins and
move-outs and all major deliveries,” says
Smythe. “You could still have small packag-
es or food delivered, and we had a security
officer in each lobby to facilitate the efficient
use of the remaining elevators. We did a lot
of that kind of logistical planning.”
Another important consideration when modification to the building (typically an and request a reasonable accommodation
it comes to navigating a major elevator proj-
ect is to enforce the timeframe and schedule gill explains. The only other alternative she accommodation requests in different ways,
set out by the elevator contractor in their considers is that “there may be coverage un-
refurbishment or replacement contract. Ac-
cording to Duggan, “The contract the build-
ing signs with the company doing the work has to relate back to an insurable event—
will contain a clause specifying a timeline and most policies do not include building
and completion date. If that timeline and maintenance as an insurable event.”
date are not met, the contract will contain
penalties.” While delays in any type of con-
struction work are typical, when it comes ceeding with an elevator project? Mark Ha-
to something as crucial to the community kim is a co-op attorney with Schwartz Slad-
as elevator work, both the board of direc-
tors and man-
agement
need
to stay on top of
the situation to
minimize the in-
evitable disrup-
tion.
The Legal
Angle
So
what
about residents
in
single-ele-
vator buildings
who simply can’t
navigate
stair-
wells? Can (or
should) an as-
sociation
pay
to temporarily
relocate them until the project is complet-
ed? Lisa Magill, an attorney with Pompano to a possible claim for discrimination.
Beach-based law firm Kaye Bender Rem-
baum, points out that in Florida, “the as-
sociation does not offer alternative housing places—“reasonable accommodations in
when it tents a building for termites,” so the housing must be made for those with le-
same is likely true for elevator work, incon-
venient as it may be. Magill says she is not “The accommodations to be made should
aware of any case in Florida under which be such that the disabled person can enjoy
an association has had to provide alterna-
tive housing at their cost during elevator fashion that someone who is not disabled
replacements. “I’m not sure whether there can.”
are any grounds for owners to make a claim
for a reasonable accommodation during the sent to every resident of a building when
construction,” she says. “The association’s an elevator shutdown is planned, and that
board obviously has to attend to repairs management should make inquiries to de-
diligently.”
Interestingly, in buildings that do not tance. However, it is generally the respon-
have elevators at all, a Florida resident may sibility of the disabled shareholder or unit
request permission to install a reasonable owner to notify the management or board
elevator lift) at their personal expense, Ma-
der the unit owner’s personal insurance pol-
icy for loss of use. However, the loss of use tions must be made for those with legally
So what are the real liabilities a co-op or elevator repair/replacement project, co-op
condo board should consider before pro-
kus Reich Greenberg Atlas, a law firm based if anyone, will need accommodations and
in New York. “While how those can be reasonably made. Open
all buildings, co-op a dialogue with all, and do not ignore the
and condominium issue until it is too late. It’s always better
alike, have to make to be communicative and proactive, rather
necessary
repairs
and
replacements,
it would be unlaw-
ful to discriminate should, at all times before, during, and after
against anyone with the bid process and during the pendency of
disabilities in con-
nection with such reasonable requests.
repairs and/or re-
placements,” he says.
“The removal of a
building’s sole eleva-
tor from service in
a co-op or condo-
minium building...
may mean a lack of reasonable access to an
apartment for a disabled occupant, leading
“Under the Federal Fair Housing Act”—
along with state and city statutes in many
gally defined disabilities,” Hakim continues.
the use of his or her apartment in the same
Hakim cautions that notice should be
termine which residents may need assis-
to be made. Different buildings will handle
but according to Hakim, the answer re-
mains the same: “Reasonable accommoda-
defined disabilities.”
When it comes to something as crucial—
and as potentially disruptive—as a major
and condominium boards should be proac-
tive and communicative, and should reach
out to all the occupants and determine who,
than tight-lipped and reactive. Each board
should understand and expect that there
may be requests for accommodations and
the work, be ready to assist and respond to
n
A J Sidransky is a staff writer/reporter
with CooperatorNews, and a published nov-
elist.
ELEVATOR...
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“I’m not sure whether
there are any grounds for
owners to make a claim for a
reasonable accommodation
during the construction.
The association’s board ob-
viously has to attend to re-
pairs diligently.”
—Lisa Magill
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miniums, 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 other-
wise kept by the association must be avail-
able for examination and copying by a unit
owner or the owner’s authorized agent dur-
ing reasonable business hours or at a mutu-
ally convenient time and location after five
days’ notice. The statute provides for the as-
sociation to charge a reasonable fee.
“Vermont’s version of UCIOA also sets
forth those records that may be withheld
from inspection and copying. The protect-
ed records include:
KEEPING AN...
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