New York's Cooperative and Condominium Community
I live in a Westchester co-op (White Plains) and had a pipe in the bathroom wall of the unit above me leak. It flooded me for 2 months straight before the water stopped flowing. A year later my bathroom is still not fixed. A property manager change happened mid way, but now the new property manager and BOD have 7 quotes, the last 2 coming from unlicensed guys the new property manager sent in for quotes.
My question is, in order to take down an entire ceiling in my bathroom, and part of a wall where 80 year old pipes and orig. electric is located (Light, medicine cabinet/vanity all were ruined by 9 weeks of flowing water)...does the contractor performing the work need to be licensed? I'm hearing that because they are hired by the Management Company, that the answer is "no". True? The Wesatchester Dept of Consumer Affairs said I should "check the language of the Priopriatary lease"...I asked our building's attorney but he did not direclty answer the question. Rather he said that if anything goes wrong, the building is responsible.
I'd like someone who is a professional, that is, shows up on time, finishes when he says he will, (It's my only bathroom) won't make a huge mess, etc to do the job, but I get it- I don'at have a say in who does the work and I have to live with that. If I'm not happy with the job, I have no recorse as a consumer because the guy is not licensed. (I doubt he's even a legal resident, to be honest, but I really want my bathroom fixed!)
About 2 months ago I offered to "settle" with them on the lowest quote and then go get my own licensed guy in and pay the difference, under the property manager's supervision, but the BOD refused. So at what point, after a whole year of being yanked around..is this all considered unreasonable? I would love to sue- just for the cost of the lowest quote to get this over with. I don't think anyone should be put through this. They have a fiduciary duty to make me whole.
The last communication from the property manager asked me to ask home depot when the vanity, etc. "might go on sale". For real!
I also learned that 10 other apt.s have been fixed before me- including at least one member of the BOD's apt. Also, I now think this is personal and that they are dragging this out on purpose- they are now lying by saying that I've cancelled appointments for quotes. (Untrue....I have no trouble saying I cancelled something if I did).
Am I weird to not be so happy about a stranger being in my apt. who I have no idea who he is, if he's reputable, etc.? Apparently he did do decent work in the other units, that is what I'm hearing. I'm not worried about the quality of his work...I'm sure it will be fine and sure hope it will work out.
I think I made the BOD & property manager mad by asking to see a copy of his insurance before he starts the job. I don't want to be unreasonable but I just don't believe anything the property manager tells me since he's lied to me, (in writing which is really pretty not bright) twice. I have no say regarding who will do the work, I get that. As long as this is finally fixed, I'm not going to stop anyone from fixing it, licensed or not, axe murder, thief, what have you.. I just wonder....am I being taken for a ride? Guidance is appreciated.
Thanks so very much for your message. They treated me like I'm difficult for expecting someone licensed to do the job. Where can I talk to an attorney? Any recommendations? I'd love to cut off communication and just let the attorney's duke it out. It's been a year...oy. The management agent told me he doesn't have to be licensed. How can I prove to everyone he's wrong if he is? A painter doesn't have to be license...but to take down a ceiling and part of wall where electric and plumbing need to be switched....does that make this "contractor" work?
Thanks.
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Laura, Email power turned our building around, and got rid of a self-serving Board. Put every corrospondence in an Email (which you save) and CC every one...EVERY ONE! If you have other S/H email addresses, include them.
Use the info from these excellent exchanges, and make your case.
Nothing scares a Board or MangAgent like the old Emial trail, which stands up in court..and, if there is an accident --protects you.
AliceT
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as soon as they start the work.
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As long as the contractor is insured and is a good company (references checked)I can't see why he has to be licensed, there are many small one man company's and father/son company's that perform great work. The key issue should be INSURANCE & WORKMANS COM.
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Call the DOB. Unliscended workers, if hurt on the job -- espically if the Board is aware that they are unliscened, would have a major lawsuit.
Our previous Board, also enjoyed the services (and prices) of unliscend workers, and did not bother with Permits... Only to discover that on selling, they needed the permits.. Poetic justice? Only if no one is injured.
EmailPower: Put EVERYONE in copy of your Emails, this way if anyone is ever sued -- you will have some protection. Let other S/H know of this situation. PS: Boards tend to pay attention to people who are not afraid to sound the alarm.
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Let me preface any remarks by advising you that your cooperative and ultimately the shareholders will most probably be responsible for any fines accessed by the City of White Plains.
Having said that and after reviewing the scope of work as outlined in your post it is most likely that a permit with the City of White Plains needs to be filed for this work.
In order to file a permit the contractor must submit proof of insurance to the City of White Plains before commencing any work.
At a minimum any contractor working in your building should provide management a copy of their certificate of insurance including worker’s comp listing your cooperative as additionally insured and as a certificate holder.
My suggestion is that you notice your managing agent with this information with a short time limit to respond. In the event you do not receive a response, please see the contact info below.
Best of Luck
CITY OF WHITE PLAINS
DEPARTMENT of BUILDING
7-11 South Broadway- Suite 100,
White Plains, New York 10601
Phone : (914) 422-1269 * Fax: (914) 422-1471
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Insist on a licensed professional.
I'm shocked that a managing agent would suggest otherwise. Not surprised, mind you... but still shocked.
Any time structural work is being performed, licensed professionals MUST be hired, in our co-op. And proof of insurance MUST be provided.
Hold the line. Get a lawyer if you have to.
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