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"Committment to Good Service" Form   The following document is really a "Code of Conduct" with a less offensive name. Why change the name? Because "Code of Conduct" sounds offensive. Incoming board members might balk at signing something that sounds like a set up for punishment if there is a failure. They might prefer not to think in terms of how their conduct might be judged. I think it better to get the mindset in the right place, which is thinking of the items rather in terms of a commitment to excellence.   Read more » 

Condo E-mail Danger: How Not to Get Sued Over What You Say   A Manhattan co-op was trying to get rid of a shareholder who was behind on his maintenance payments, engaging in unacceptable conduct and otherwise flouting the proprietary lease. In a casual exchange of e-mails, one board member allowed that, should the offender move out of the building, "I would be interested in the apartment." BWOOP! BWOOP! BWOOP! Conflict of interest! Fraud! Unjust enrichment! BWOOP!     Read more »

 

LEADERSHIP and THE BOARD: A Story for Board Members and Company Owners  There comes a point in time in every leader’s time when he or she is tired of spearheading every initiative and dragging and cajoling the other members to help. At that point, they look to take their board or company to another level, either to create more energy, creativity or create more balance in their life, or possibly all of the above. When they find themselves in this situation, they must become a leader working “on” the business of managing a board instead of “in” it. The first rule of a great board leader is that the team can never be completely dependent upon any one individual. One of the more common mistakes made is that the president of the board fails to let go of certain activities and therefore stunts the growth of the team as a whole.    Read more  »

 

Go Ahead, Sue Me! Handling Lawsuits    Lawsuits are an unfortunate, expensive fact of life these days—chances are that at some point in your lifetime you’ll be involved in one to at least some degree. In you live in a co-op or condo community, legal issues arise between boards and residents all the time. Sometimes it’s the resident who sues the building for some grievance, other times it’s the building that goes after an individual resident. Maybe Jane Doe in 3A has defaulted on her lease in her co-op, or John Doe has consistently caused all manner of trouble since moving into his condo unit, and has now failed to pay his condo charges.    Read more » 

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Law & Legislations

HUD and Justice Release New Guidance on 'Reasonable Modifications'   New guidance released this week by the Departments of Housing and Urban Development (HUD) and Justice (DOJ) reinforced the right of persons with disabilities to make "reasonable modifications" to their dwellings if a structural change to their dwelling or to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises. The guidance is designed to help housing providers and homeowners' associations better understand their obligations and help persons with disabilities better understand their rights regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA).   Read more

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