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Habitat Magazine Business of Management 2021

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masksFeb 24, 2021

Knowledgeable replies requested:

I'm fed up with the managing agents of my coop repeating "We can't FORCE someone to wear a mask." I reply, "I understand" (although I really don't, but that's another story). So I beg them to post more stringent signs, even with little chance of enforcement. But I'm wondering if anyone's seen up-to-date (as in Feb. 2021) legal requirements for mask-wearing in apartment (e.g. coop) buildings.

Thank you.

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Masks - Steven424 Feb 24, 2021

Hi! If you want a legal opinion about a legal requirement, I suggest you contact an attorney.

AFAIK, no contributor in this forum is a lawyer. So as for knowledgeable replies, remember that any legal advice you receive here is worth what you paid for it. The same goes for any articles a response might link to unless written by an attorney.

Not trying to be flippant or sarcastic, just trying to levelset your reliance on any legal or quasi-legal advice anyone provides.

Good luck!
--- Steve

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> Join the conversation Comments (2)
masks - DP Feb 25, 2021

Hi Steven424,

I ask on this forum in general b/c I have no funds to consult a lawyer. I always ask for "knowledgeable replies," b/c when I first joined this group I read a lot of semi-literate rambling and bitching and moaning, and wasn't looking for that.

I researched my question as best I could before posting here; not having found what I was looking for, I turned to this community for additional insight anyone might have.

I'm fully aware that people here aren't lawyers. If you reread my question, you'll see that I wasn't asking for a legal opinion or legal advice, even though my question included the word "legal." I was asking if anyone had come across very recent articles on the rapidly evolving legalities related to this topic. My thoughts included: Maybe there's a board member, or a building manager, or a politico, with more up-to-date info than what I could find. Or maybe there's another shareholder who had researched this same thing.

If you couldn't answer, that's fine; then no answer was necessary.

What I wasn't looking for, however, was to be "reminded" of who & what is here & that you get what you pay for. Maybe this will sound defensive to you, but I found that a bit insulting. I don't need to have my expectations managed. But thanks.

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Mask - Steven424 Feb 27, 2021

You're welcome, and no offense taken. :-)

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Masks - NYC Feb 27, 2021

Steve, Thanks for saying what I have been thinking. :-)

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requirements - REAPLLC Feb 25, 2021

Unless the building itself has a BL or HR (and the ability to write that rule) that requires adherence to the CDC recommended guidelines and/or executive orders concerning masks, it is not enforceable, by action, by and through management or the BOD.

~AR

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Masks - Marty Feb 25, 2021

I reviewed some Habitat articles as well as several NYT articles, including the Ask Real Estate column. Several attorneys chimed in with the general feeling that it would hard to enforce. They felt that you could try fining people, but their opinion is that the fines would likely not be upheld in court.

It's such a new topic that it's still a very gray area. There are really no definitive laws or decisions on the books, meaning that we can ask shareholders to wear masks, but we probably can't force them to do so.

My experience has been that the overwhelming majority of people in our co-op are wearing masks. Of course, very few things in life get 100% compliance, so this is no different.

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masks - DP Feb 26, 2021

Hi Marty, That's what i figured, but again, was hoping that perhaps (especially with new strains now appearing in NYC) something changed very recently... along the lines, for example, of how the governor allowed corporations in NYS to legally hold meetings via Zoom (and then continued to extend his original deadline).

You're lucky that you seem to live in a compliant building with caring, intelligent neighbors. Unfortunately, I seem to be surrounded by jackasses who will not, do not, wear masks in common areas (including in our very small elevator that has no ventilation).

Thanks.

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requirements - REAPLLC - DP Feb 26, 2021

Sorry, I don't know the jargon "BL" or "HR," but thank you. I was fairly certain it wasn't enforceable, but I was hoping to hear something very recent to the contrary. ; ((

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Masks - peoples choice #1 Feb 27, 2021

I find it sad your managing agent feels it's not necessary to post a must wear masks and maintain safe distances. NYers still are wearing masks and so should your building. They know they can not enter a store or work place without a wearing a mask. The virus is very much alive.
Have you sent a letter to the board voicing your concerns that mask wearing is a must and 2 people in the elevated with mask should be worn?
I don't think anyone would want to die or get the virus.
If you live in NY call 311 and tell them what is going on in your building and you are afraid. They will advise you or report and fine your building. Best of Luck

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