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COVID-19 Compliance in Proprietary Lease / Bylaws?Feb 17, 2021

Wondering... I am updating my Proprietary Leases and bylaws in several buildings to reflect the times, etc... has anyone added any COVID language to their PL or BL?
Emergency protocols, COVID-19 Compliance, etc?

~AR

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COVID-19 Compliance in Proprietary Lease / Bylaws? - Steven424 Feb 18, 2021

My opinion is that the kinds of rules and regulations you're considering would best be added to your House Rules and not either the PL or the BL.

The PL is the basic document for Co-op Corporation (Lessor)/Shareholder (Lessee) interactions and relationships.

The BL is the basic Co-op Corporation governance document.

Both require a supermajority of shareholders to modify, so you want to keep things as non-specific as possible. What goes into the PL and BL are usually enshrined forever.

Rules and regulations dealing with relatively short-term situations that may need to be modified or removed with little fuss or formal shareholder concurrence belong in the House Rules. Adding/changing/removing House Rules usually requires nothing more than a majority of the Board,

Anything having to do with a fluid situation like COVID is much more easily maintained in the HRs. Similar types of HR rules would be 80% carpeting, smoking, allowable uses of common areas, etc.

My opinion, which I hope is helpful,
--- Steve

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a matter of permisability... - REAPLLC Feb 23, 2021

I agree; it seems the question arose in the building concerning whether or not the Board had the right to make a HR concerning personal health related issues.... my answer was yes, because it impacts the building as a whole... Which is why i asked the question and in thinking about it further, the PL language should probably be limited to something that permits the Board to make a HR that impacts the building during and related to any public emergency, disaster or health/pandemic related period...
(not sure if I made sense?)

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a matter of permisability... - REAPLLC - Steven424 Feb 23, 2021

Hi REAPLLC -

It makes sense. I don't think there need to be any changes to the PL or BLs. I believe most PLs already have enabling language which gives the board pretty much carte blanc authority to make rules which affect the general wellbeing of the building and shareholders. In fact, I think most original Offering Plans contained both the PL and a template set of HRs for new boards to follow. Try doing a text search through your PL for "House Rules".

You might also ask the co-op's attorney for what you can and cannot put into the HRs concerning emergencies in general and the current pandemic specifically. That would be the safest route.

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Agree... - REAPLLC Feb 25, 2021

I am working with the building Atty who recommended we add language, which he is working on, but I wanted to see if and what others were doing.
I'd be happy to make that public when its done.

~AR

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a matter of permisability... - Steven424 Feb 25, 2021

REAPLLC - Is your attorney adding language to the PL (I assume) which authorizes the board to create/modify House Rules, or is the language he's proposing specifically geared towards COVID?

It would be much appreciated if you posted what your attorney proposes. We all learn something new that way.

--- Steve

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