How to Deal With Rule Breakers

Herrick partner, Deborah Kolpovitz, was quoted in the November 2022 Habitat Magazine in the "Legal Talk" Issue. She discussed Rule Breakers and opened the piece by noting that in a cooperative, the rules are found in the proprietary lease, and sometimes they're called "house rules". In a condominium they are in the bylaws, and are almost always called the "rules and regulations".

The article notes that Deborah says, "Try not to have a one-size-fits-all solution for any problem. There are a lot of steps that can be taken. For instance, with noise complaints between neighbors, sometimes just alerting the violator that there is a complaint can do the trick. In a doorman building, the door staff can convey the message. If that doesn’t work, then the managing agent can send a letter to the offender about the issue, and if that fails, an attorney might get involved. In a co-op you always have the ultimate threat of terminating someone’s proprietary lease, which you don’t have in a condo."

She continues, "I personally feel that board members are already doing too much in most situations. I wouldn’t advise a board member to get involved unless they really know the person well and they have a very good rapport. I think when board members knock on doors or something like that, it creates a certain level of informality that isn’t so helpful. Also, you have to really have the social and people skills to be able to address the situation and get the resolution that you want without creating more problems."

The full piece can be found in the November 2022 Habitat Magazine. A PDF version can be found here, with this article on page 45. Access may require a subscription.

Watch below or click here for the video conversation with Deborah and Carol Ott, Publisher and Editor-in-Chief, Habitat Magazine.