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Q: We dwell in a co-op in Midtown East. Prior to now few months, the quantity of chilly water in our bathe has diminished. The tremendous had the tiles behind the toilet sink eliminated to achieve entry to a water valve, which he stated would repair the issue. But it surely’s worse now — a scalding scorching bathe or no bathe in any respect — and I’m informed that repairing it is going to entail breaking and eradicating the tiles within the bathe. However this time, we must pay for the plumbing and tile work. We really feel that offering bathe water is the constructing’s accountability and that the co-op ought to cowl the fee. What are our rights on this scenario?
A: Co-op residents are basically house owners and tenants on the identical time — they personal shares within the company that owns the constructing, however they lease their house from the company.
Normally, the co-op is liable for the upkeep and restore of something behind the partitions (utilizing your month-to-month upkeep charges, after all), whereas the shareholder is liable for something contained in the unit, just like the paint, tiling, and flooring. Regardless of the case, the shareholder remains to be legally entitled to a liveable house, which incorporates the power to take a bathe.
Begin by studying your co-op’s proprietary lease. It’s going to define which tasks fall on the co-op, and which fall on the shareholders. If the bathe restore is in reality one thing that you’re liable for underneath the lease, then the co-op can cost you for the fee. Nevertheless, proprietary leases can not supersede the rights of residents to dwell in a liveable house.
Have a licensed plumber examine the supply of the issue, and ask round to see in case your neighbors are having the identical difficulty. If it’s not widespread, the co-op board might argue that it’s a difficulty with a bathe head or faucet, which might be your accountability, stated Debra J. Guzov, an actual property lawyer in Manhattan. Or, if the plumbing must be repaired due to one thing a former occupant did to it, the co-op might maintain you accountable.
If that’s the case, Ms. Guzov stated, it’s nonetheless preferable to attempt to work one thing out with the co-op than to make a grievance by 311 or rent a lawyer — although they’re additionally choices you’ve got. “It’s all the time finest to attempt to negotiate an answer with the managing agent,” she stated.
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