Page 10 - Nevada Cooperator January 2019

10 THE NEVADA COOPERATOR
—JANUARY 2019
NEVADACOOPERATOR.COM
MANAGEMENT
Amending Rules
Updating Bylaws and House Rules to Fit Your Community
BY MIKE ODENTHAL
C
ondo and HOA boards are tasked
with a great many responsibili-
ties – including determining and
promoting both the day-to-day and longer-
term interests of their residents. That’s a tall
order, and it’s largely achieved through the
implementation of rules and regulations
designed to serve those interests while pro-
hibiting activity that could be detrimental
to the community.
But what may be deemed ‘detrimental’
doesn’t always stay the same from year to
year, or from one board administration to
another. An association’s bylaws are super-
seded by the municipal, state and federal
laws of the land, so sometimes forces out-
side of an association’s control will dictate
changes that need be made to its policies.
In other instances, changing culture, owner
demographics, and other factors can push a
board to adjust its community’s governing
policies to reflect those evolving priorities.
For example, a 14-building co-op in
Queens, New York several years ago lifted
a ban on walking on the property’s grass.
This may not sound like a particularly high-
stakes move, but in New York City, space
is at a premium, greenery is rare, and the
ban had been in place since the property’s
inception. But eventually, a younger demo-
graphic – many of whom had children and
pets – overwhelmingly felt that the lawn
was to be enjoyed, not just to be observed
and maintained.
So what motivates a board to revisit a
long-standing rule? Conversely, why might
it stand its ground? How frequently do
boards make the progressive choice over
defending their conservative policies?
Smokes
Smoking is one issue that has caused a
great deal of debate in multifamily com-
munities for decades now. Americans once
smoked cigarettes at work, on planes, while
pregnant, in restaurants – whenever – and
then suddenly it was barred from nearly all
public spaces, and most private ones too.
Now with an increase in marijuana legaliza-
tion, a different type of smoking is picking
up Big Tobacco’s slack. Community associa-
tions frequently find themselves navigating
turbulent waters when adapting rules and
regulations to address the clouds of canna-
bis.
“Smoking definitely comes to my mind
as one of the biggest topics at our communi-
ties in regard to the disturbance it can cre-
ate for non-smoking residents,” says Anita who not only find [smoking pot] to be a cies regarding prohibition,” she says. “In ev-
Chmilarski, Owner of Linear Property nuisance, but offensive, when their neigh-
Management, LLC, in Tyngsboro, Massa-
chusetts. “Most associations have adopted a when they do so on a patio. The smell and turned around by their dog ownership and
rule about the distance from a building at smoke can travel to the noses of neighbors.”
which a resident can smoke, but some are
going so far as to consider amending their
master deed to render their community regulation routinely affected by changing
completely non-smoking.
“In Massachusetts, where they’ve recent-
ly legalized marijuana state-wide, this will either physical service or emotional support in their home. Thus, it may be well worth it
surely become an issue,” Chmilarski con-
tinues. “Also, where association rules allow advocate for an outright ban on pets–as bans – not just for the improved board-res-
owners to have some of their own plantings exceptions will almost certainly need to be ident relations such a move can foster, but
in limited common areas, we will likely see made that can then cause headaches for a in the interest of making a real, positive im-
instances where marijuana is growing in board attempting to juggle the conflicting pact on their neighbors’ lives.
areas to which underage residents would demands of individual owners.
have access. Boards are already discussing
whether it is prudent to amend their rules dog building anymore,” notes Andrew P. into a building or community association
now in order to address this issue before it Brucker, a partner with the law firm of and start families, the community is natu-
becomes a problem.”
Nevada, too, has legalized marijuana. LLP in New York City. “Just due to the med-
According to Michael McKelleb, a partner ical implications.”
with McKelleb Carpenter Hazlewood, a law
firm based in Henderson, Nevada: “The is-
sue is problematic. It’s causing many associ-
ations to revisit their rules due to residents bring dog cases to me to change their poli-
bors smoke in their backyards – especially ing picture of personal problems that were
Animals
Pet-related rules are another branch of health improved measurably.”
attitudes within a community. Increasing without any sort of pre-existing ailment re-
cultural acceptance of animals that provide port better quality of life from having a pet
makes it much harder for an association to for boards to consider lifting outdated pet
“There’s almost no such thing as a no-
Montgomery McCracken Walker & Rhoads rally going to change to reflect the interests
Beatrice Lesser, a law partner with Ga-
llet Dreyer & Berkey, LLP, also in New York, times cause a bit of culture clash between
has dealt with this issue time and again. “I
have urged co-op and condo clients who
ery case, the pet owner presents a distress-
gave them a reason to go on. Or that their
doctor told them to get this dog, and their
Studies have shown that even people
Youths
As a younger generation of buyers moves
of both those parents and their children.
If the community had previously skewed
more toward older residents, this can some-
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