Page 19 - CooperatorNews South Florida Expo 2021

SOFL.COOPERATORNEWS.COM COOPERATORNEWS SOUTH FLORIDA — EXPO 2021 19 such impairments. \[It\] includes impair- ment that substantially limits one or more ates, located in Wykoff , New Jersey, “If of a person’s major life activities such as someone is aff ected in their unit by con- breathing, seeing, hearing, walking, sit- ting, standing, sleeping, caring for your- self, lift ing, or learning. It also requires If a resident is experiencing health eff ects having a record of an impairment and/or from someone else’s smoking, “the smoke being regarded as having an impairment. is obviously traveling through limited Asthma and allergies are generally consid- ered disabilities under the ADA. Respira- tory and other conditions caused or exac- erbated by smoke and chemicals may also rimonious litigation. constitute a disability under the ADA.” Lisa Magill, an attorney with Kaye Jersey condominiums, there’s a state legal Bender Rembaum in Pompano Beach, requirement that residents be off ered al- points out that the criteria for designating ternative dispute resolution (ADR) to re- an impairment are “very subjective, as it’s solve confl icts \[before litigation is permit- defi ned by a medical professional of the ted to move forward\]. Simply, if there is a person seeking redress.” Th is subjectivity dispute between unit owners, or an owner can put a great deal of uncertainty on the and the association, the association must co-op or condo association dealing with provide ADR mechanisms to resolve the an issue of environmental sensitivity. Key among the considerations to be in the loop.” taken into account if a resident is re- questing accommodations to address an sue of an allergen or other environmental environment-sensitive health condition is irritant comes down to a matter of who whether or not what they’re asking for can has jurisdiction over the means by which be considered “reasonable” under the law. the irritant is being transmitted through- Sima Kirsch, a community law attorney out the building. “It can be a question,” located in Chicago, Illinois, observes that she says, “of whether the association man- “although the special accommodation re- quested must help the owner overcome does. Can they put in fi lters? \[Th e board’s\] the limitations that arise when one or best course of action is to take whatever more of their signifi cant life functions are action they can within their power; what- impacted, the request will unfortunately ever is beyond the capacity of the associa- not be considered reasonable if the appli- cation imposes undue fi nancial burden on involved in the confl ict to be worked out the HOA. “Nevertheless,” she continues, “if there is no impact on the association or others, it would be discriminatory if the HOA re- fused to allow the owner to perform mod- ifi cations \[or other preventive measures\] animal friends can be the source of much at that owner’s cost. If modifi cations are sniffl ing and teary eyes, or may even ag- needed for a resident to fully use and en- joy their premises…it’s best for the board ma or emphysema. Obviously, people with to permit \[the alterations\].” Smoke Secondhand cigarette smoke is a their unit—but what about residents with known health hazard and has become a the most severe sensitivities, for whom major issue in both residential and com- mercial settings. Smoking is banned in ing into their unit through the HVAC sys- many public and semi-public places by lo- cal ordinance, and in the governing docu- ments of many condominium and coop- erative communities, smoking is banned isn’t an option—at least not in buildings in public or common areas. In New York or HOAs whose governing documents al- City, for example, a local ordinance was low pets. Speaking of her own state, Ma- recently enacted requiring all residential gill says, “If you don’t have a restriction in buildings—condo, co-op, or rental—to your documents that prohibits pets, then post a property-wide smoking policy. under the Florida State Condominium In Massachusetts, according to Shapiro, Law, you have no right to tell anyone to while smoking is prohibited in common get rid of their pets.” Th at said, however, areas in most associations, it is still per- mitted in individual units. According to Scott Piekarsky, an attor- ney and principal at Piekarsky & Associ- duct in another unit, then for good or bad, that problem is the association’s problem.” common elements—which the associa- tion is responsible for,” says Piekarsky, “so they’ve got to address it” or risk costly, ac- “Furthermore,” says Piekarsky, “in New dispute. Automatically, the association is Shapiro points out that resolving the is- ages the HVAC system—which typically it tion to do must be sent back to the owners between them.” Pets For many residents, pets are an impor- tant part of their lives, whether it be a dog, cat, or goldfi sh. For others, neighbors’ gravate more serious conditions, like asth- allergies or sensitivities to dander and pet hair can simply opt not to keep animals in even a little bit of pet dander or odor waft - tem can be a cause big problems? Ordering pet owners to give up their furry or feathered family members clearly “Th e association does have an obligation to make an accommodation—or even al- continued on page 26 O&S Provides Accurate, Professional Engineering Services for HOAs, Condominiums, and Other High-Rise Buildings. 40-Y EAR C ERTIFICATION & 50-Y EAR R ECERTIFICATION 2500 Hollywood Blvd., Suite 212 Hollywood, FL 33020 (305) 676-9888 www.oandsassociates.com Structural • MEP • Architecture Restoration See us at Booth 509 Sachs Sax Caplan, P.L. offers effective legal and business solutions to individuals, businesses, not-for-profit organizations, government agencies and community associations. We have built a significant presence in Florida through dedicated, active involvement and leadership in the professional, legislative and civic communities. 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