Page 26 - CooperatorNews South Florida Expo 2021

26 COOPERATORNEWS SOUTH FLORIDA —EXPO 2021 SOFL.COOPERATORNEWS.COM florida.cooperatordirectory.com Your one source for all the businesses and services essential to your co-op, condo or HOA COOPERATORNEWS SOUTH FLORIDA DIRECTORY OF BUILDING SERVICES Search by location: Search Now Search Enter Category or Company and Location Above Add Your Business Search By Category Search Now to the community in question—but anec- dotal information suggests that an email or note from the board to all residents a few weeks before the holidays encourag- ing them to acknowledge their staff’s hard work during the year is a great way to get the word out. Residents can give their tips individually, or all drop off their gift/s with an appointed collector (the board treasurer or secretary is a good choice for this task) who can deliver all of them to the staff at once. Regardless of the cash value or method of delivery, however, Chatzky stresses the importance of “making sure that you pres- ent your tip as an actual present. Put it in a nice card, write a personal note, and deliv- er it personally rather than, for example, just taping it to the garbage can. And cash is appreciated, rather than checks.” In what can sometimes seem like a very uncivilized world, it’s important to remember to make a gesture of civility and appreciation to the people who make it their business to lend you a hand and make your life easier—and the holiday season offers a perfect opportunity to do just that. n Cooper Smith is a staff writer for Coopera- torNews. low a physical alteration to the premises to ameliorate the impact of \[an allergic resi- dent’s\] disability.” Co-op vs. Condo Hakim points out that in New York, where co-op buildings are very common, the circumstances may be a bit different due to the ownership differences between the co-op shareholder, who lives in the building under a proprietary lease, and a condo owner, who is a member of an as- sociation and an owner of real property in his/her own right. “In a co-op, due to the nature of the le- gal relationship between shareholder and the cooperative corporation, the board of directors has a legal obligation under an implied Warranty of Habitability to en- sure that a \[resident’s\] apartment is safe and livable at all times,” says Hakim. “Ir- respective of whether any claimed odor- related illness rises to the level of legal disability (for which the board would have to work towards making reasonable ac- commodations), the board must ensure that no condition is created or permitted that would breach the complaining share- holder’s Warranty of Habitability.” In the case of drifting pet dander, for example, Hakim says, “That would in- clude taking measures to ensure that any neighboring cats—including their dan- der and odor—are not materially and trying to have the offending animals re- adversely affecting the other occupants moved) may include adjusting the airflow of the building. The board will want to in an apartment, sealing off gaps, or re- investigate the claim and work with the quiring the adjacent apartment owner to parties to find resolution. In either event, install HEPA or similar air filters.” a determination should be made confirm- ing the alleged conditions, that they are the cause \[of the complaining residents’ of chemicals indoors to control pests, symptoms\], and that \[those symptoms\] and outdoors to maintain landscaping. rise to the level of disability under the Many residents claim the chemicals used ADA and/or are sufficient to constitute a adversely affect them, their kids, or their breach of the Warranty of Habitability or pets. Shapiro points out that in today’s proprietary lease. Under most proprietary ecologically conscious world, many asso- leases, a shareholder is not permitted to ciations request—and many extermina- allow unreasonable odors to escape their tors use—environmentally friendly chem- apartment, so if odors—caused by cats, icals. If a resident has a problem with even for example—are escaping the apartment, those, that resident should be notified in it could constitute a breach under the pro- prietary lease.” Hakim goes on to say that “in a con- dominium, where there is no proprietary necessary) to be away from the building lease and implied Warranty of Habit- ability, the association’s obligations—if few hours’ time. “I don’t think we have to any—would generally depend on whether fail to protect all the other owners from the dander and odors are directly related vermin,” Shapiro says, “because someone’s to the cats, and whether the alleged sick- ness is so severe that it would constitute a disability under the ADA. If so, then the condo’s board of managers would have to work towards finding a reasonable solu- tion—though generally speaking, in the case of both a co-op and condominium, they are not required to demolish, ma- terially change, or build something from scratch. Thus, possible solutions (short of Chemicals Another potential hot-spot is the use advance that the exterminator is coming, so they can make arrangements for them- selves and their family (and their pets, if until the fumes dissipate—usually just a pet doesn’t like pesticides.” Mold In certain situations, it’s obvious that a condominium association or a co-op cor- poration is obligated to remunerate any damage caused by the growth of mold on their property. In the case of Florida, for example, such situations usually fall under what is known as a “casualty loss”—in oth- ENVIRONMENTAL... continued from page 19 HOLIDAY TIPPING... continued from page 25