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We live in a fairly large co-op in Rockland county NY. We have a foundation leak in our basement unit that floods our kitchen every time it rains and it's been going on for at least 5 years and probably a decade and ruined our kitchen cabinets. We have photographic and time lapse videos of the water coming in soaking the kitchen cabinets multiple times a year (aka everytime it rains) as well as emails from the site manager claiming they're going to talk to the board and get it fixed. That was months ago. Literally.
After giving notice to the site manager, we've been getting a run around to getting it fixed.
What are our options? I know the legal route is the worst route but they're ignoring our calls and emails. We're going to start sending certified letters to the site manager and "management company" about it. They've known about this and worse, have acknowledged it via email and their "online reporting system" for about 6 months but have done nothing.
What can/should we do?
Sounds good. I found out that we have a right to withhold any co-op maintenance fees and assessments until this is resolved but I have to notify them via mail.
My problem now is that I can't find a complete copy of our proprietary lease. I have page one, but it's essentially useless and since they know we have an issue they've stopped communicating with us so directly asking for a copy may (I suspect) be an issue. Any thoughts on that part?
Thanks!!!
I am surprised to hear that you can withhold maintenance payments. I would verify this with the Attorney Generals Office before I proceed to withhold.
As for a copy of your lease, they must provide you with a copy. Request one in writing and indicate a date in which you require it (e.g. within 7 days).
There is something called Warranty of Habitability. In NY state, co-ops fall under this warranty in Section 235-b of the Real Property Law of New York. The warranty is important as a co-op unit owner could seek an abatement of his or her maintenance if the co-op failed to provide the services stated in the proprietary lease or failed to cure a condition or make a repair. The warranty is there to protect your rights. I encourage to seek legal counsel; if they have breached the warranty, it may take a simple lawyers letter to move them into action.
I did retain council, we are allowed to withhold payment as we are technically a tenet and landlord type situation, however they are reviewing to see if that is appropriate action at this point. It is pretty much a guarantee that if we withhold we'll be sued for it and the goal is to get the leak fixed out of court if at all possible.
So far the mortgage company has been crazy helpful- they got a copy of the PL to us in 24 hours. 50 pages!!
After checking records this has been a documented issue for over a year...so council believes we're in a good position to get this resolved out of court.
As for insurance, they don't cover water that comes in from the foundation (we're not in a flood zone so they said they couldn't add a policy for that). It would only be covered if water came in through a window or from plumbing. The first flood caused by the co-op's inaction of maintaining drainage caused a massive flood in the front of our basement unit and the insurance said it wasn't covered because it didn't come in over the door stoop- it came in- literally- through a hole where the concrete wall meets the floor.
So sadly now I have to pay for council but the odds and laws are in my favor due to the length of time this has gone on and all of the photo and video documentation we he have.
I just noticed that under the Warranty of Habitability you can withhold payment. I would also claim your legal fees. As you have pointed out, the case is in your favour.
Good luck!
Have you contacted your insurance company? You may also have mold since your problem is going on for 5 yrs. I give you credit for waiting 5 yrs. but explain your problem to your insurance company and ask them for advice on this matter. In New York we have 311 not sure if your area has it. Best of Luck.
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If I was in the same situation I think I would write one last letter to both the BOD and management company advising them that unless the situation is addressed and remedied within the next (e.g.) 30 days, you have no other alternative than to make a formal complaint to Attorney Generals Office.
Alternatively, since they have not done anything in 5 years, you could simply contact the Attorney Generals Office (information & complaint line 1-800-771-7755) - or go to a lawyer directly. Not only would they be responsible for the damages in your unit, they may also be responsible for your legal fees. The NY law firm of Grimble & LoGuidice appear to specialize in these types of matters. They can be reached at (212) 349-0450.
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