Enforcing House Rules Protects Not Only the Building but Its Residents as Well
June 18, 2015 — It's no secret that some co-op boards tend to have bad reputations — too nosey, too bossy, too draconian. Certainly, sometimes boards do have a tendency to go too far. In recent weeks, for example, one board made headlines for asking to interview a potential buyer's child and another for instituting a policy requiring tenants to submit their pets to DNA tests to screen out undesirable breeds.
But as we've said before, along with bylaws and proprietary leases, house rules allow boards to keep their buildings running harmoniously. With the official start of summer right around the corner, now is a good time for boards to remind building residents of some of those rules — particularly regarding roof and pool access and grilling.
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.