Sally: First - How did your resident get a leak under his floor? Was it, in fact, a "leak"? Did a plumbing line/pipe under the floor break? Or was there a flood/overflow in the apt caused by the resident or a neighbor? Was it something else? Just curious.

If it was a bldg fault, the first thing mgmt should've done was call the coop's insurance company. They'd pay most/all the repair costs. That's what insurance is for. Coops tell residents to always use licensed repairmen/contractors to protect against poor workmanship and save money. Your coop was foolish not to do that themselves. They didn't save any money, in fact, they lost money. Maybe the resident didn't know enough but he shouldn't have allowed your unlicensed super to do the work in his apt. Many experienced supers know plumbers, electricians, etc. they can call to do work in their bldg, but I never met a super who's also an expert at plumbing and laying floors.

I'm not sure but if the coop or insurance had no written agreement with the resident to pay for or reimburse him for floor replacement, he may have forfeited the right to hold the coop liable for it by just getting it replaced on his own. I am NOT sure about this - do ask your coop attorney. There is or was also a question of habitability. Maybe your resident could've gone to a hotel until the leak/floor were fixed if the apt was unliveable and the coop would've had to pay for it. Or maybe he could've deducted part of his maintenance for time he didn't live in his apt. I assume he didn't stay anywhere else, the leak is fixed, and the floor is now replaced so I doubt he has a case. I am NOT positive so ask your coop attorney (or tell the resident to ask his own attorney) about this.

BTW, protections under the warrant of habitability only exist if there is a "landlord-tenant relationship". Courts have consistently held that since coops give shareholders a proprietary lease, this relationship exists but it is not applicable in condos since there is no lease or any such relationship between a unit owner and the condo (homeowner) association. Just threw that in FYI.

It doesn't strike me that your mgmt people are the right ones to ask about all this if they were foolish enough to let an unlicensed super do major work in someone's apt that he was in no way unqualified for. Talk to the attorney.

Hope this was of help in some way, Sally.