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WHAT CO-OP/CONDO BUYERS NEED TO KNOW

Enforcing House Rules Protects Not Only the Building but Its Residents as Well

New York City

Ensuring Safety with House Rules
June 18, 2015

Roof

The roof can be a tempting place for building residents to hang out during the dog days of summer. They may want to run up for a quick smoke, or to sunbathe, enjoy some drinks, or do a bit of grilling. Boards should remind residents of the rules, especially if roof access is forbidden. And they shouldn't rely on having a fire alarm go off in case the door is opened. This week, a woman fell to her death while climbing down the fire escape from the roof. According to some of her neighbors, Kasey Jones would climb the fire escape to avoid tripping fire alarms. Boards should, therefore, not just send residents a reminder to not access the roof, but also explain that it's to ensure everyone's safety.

Pool

Whether your board decides to self-manage or hire a pool management company, you should establish some rules for the pool, principally the hours of operation, whether the consumption of alcoholic beverages is prohibited, and any age or guest restrictions. Work with your building's professionals to ensure that language is clear. For example, if a board wants to ensure that children who access the pool are accompanied by their parents or appointed guardian, the building's attorney can help a board determine what age should serve as the cutoff.

Grilling

When it comes to grilling, it's in a board's interests to remind building residents that they must firstly, comply with the building's rules, and secondly, comply with the safety standards outlined in the NYC Fuel Gas Code and NYC Fire Code.

Enforcing the Rules

Enforcing house rules is a serious business — but also a tough one since you are dealing with your neighbors. But it has to be done. Boards that allow shareholders to continue with infractions take the risk of not being credible, and ultimately could lose control of the running of the property. So, when a house rule is broken, what should you do?

Move quickly, firmly, and respectfully and deal with the problem immediately. Have the building manager write a letter to the shareholder, pointing out the violation of the rule. If that doesn't work, or there is no response, the board should attempt mediation on its own, asking the shareholder to come and speak with them so the directors can explain why the rule exists and ask the shareholder to respect it. While some boards are afraid to escalate the problem because of the cost of litigation, it is probably worth the investment to hire an attorney for an hour or two to go over your choices, rights, and responsibilities, as well as any potential pitfalls.

It Takes a Village

Boards can't enforce the rules if they aren't aware of them being broken. Building staff, therefore, are essential allies. Boards should alert staff when reminders about house rules are distributed to residents so staff can keep an eye out for infractions.

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Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments

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