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Our managing agent has told us Board members that if the Coop is making the necessary repairs to a room in a shareholder's apartment, that shareholder is not legally entitled to a partial maintenance abatement if he or she vacates that room. He said the situation would be completely different if the shareholder vacated the room because the Coop refused to make the necessary repairs. Is our managing agent correct?
PLease see:
http://realestateqa.blogs.nytimes.com/2009/02/20/how-to-handle-unresolved-repairs/
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The building next door to us suffered a major outage event. To wit, one major section of the sewer line collapsed and thus one wing of the building (21 stories, 165 units) was rendered uninhabitable as the units could not discharge any waste water.
The building moved the affected folks into a hotel for five days, paying for room and board as emergency repairs were made. The owners received no abatement, nor were they entitled to any.
If folks own a home and one room suffers damage from a tree that punches a hole through the roof or wall, does the mortgage company forgive n% of the monthly payment because part of the home is uninhabitable? Nope.
Just because a room is rendered unusable as the coop effects appropriate repairs does not mean one is granted a waiver of some of the maintenance fees. Stuff happens, so just move along.
If as noted by the managing agent the room is rendered uninhabitable because of an event that is the coop’s responsibility, waste pipe in the wall failed, heating/cooling unit (if coop is responsible) failed, etc. The resident may make a claim for abatement if the repairs are not performed in a timely manner. Typically this becomes one of litigation, unless both sides are enlightened. The operative term is timely.
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