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Can someone help me decipher the below? - Does this mean - if you have a repair in your apt that the coop would like repaired (and it is not their obligation to fix), they must give you 30 day notice - give you the chance to remedy- before they can send in their own person (and then bill you for it later?)
PROPRIETARY LEASE
19. Lessor's Right to Remedy Lessee's Defaults
If the Lessee fails for 30 days after notice to make repairs to any part of the apartment, its fixtures or equipment as herein required, or fails to remedy a condition which has become objectionable to the Lessor for reasons above set forth, or if the Lessee or any person dwelling in the apartment requests the Lessor, its agents or servants to perform any act not hereby required to be performed by the Lessor, the Lessor may make such repairs, or arrange for others to do the same, or remove such objectionable condition or equipment, or perform such act, without liability on the Lessor; provided that, if the condition requires prompt action, notice of less than 30 days may be given or, in case of emergency, no notice need be given. In all such cases the Lessor, its agents, servants and contractors shall, as between the Lessor and Lessee, be conclusively deemed to be acting as agents of the Lessee, and all contracts therefore made by the Lessor shall be so construed whether or not made in the name of the Lessee. If the Lessee fails to perform or comply with any of the other convenants or provisions of this Lease within the time required by a notice from the Lessor (not less than 5 days), then the Lessor may, but shall not be obligated, to comply therewith, and for such purpose may enter upon the apartment of the Lessee. The Lessor shall be entitled to recover from the Lessee all expenses incurred or which it has contracted hereunder, such expenses to be payable by the Lessee on demand as additional rent.
it seems to say that they can give less than 30 days notice if it is "prompt" but they still have to give notice i.e. give the shareholder fair notice that the shareholder should remedy - no?
besides the fact that - it would have to actually be prompt .
Also what is some of the work is standard work in a building usually performed by staff like grouting a tile area that leks through a wall or replacing a faucet washer? If it is work usually performed by staff - how can the building hire a contractor and give no notice or an option to remedy?
it seems the lessee only give "no " notice if it is an emergency - shareholder have a right to remedy a non-urgent condition correct? IE a condition not harming any public area or a neighbor..? In the case of HPD viola ions, the coop would have o tell the shareholder what was their responsbility to fix and demand that remedy first - right? Like, say , peeling paint in an apartment with no kids.
Most situations are not so black-and-white. Using your example of an apartment with peeling paint and no kids... Let's say that the reason for the paint peeling is because of water seepage, and there is valid suspicion of the formation of mold, maybe toxic. The apartmentowner may think no one else in the building is being harmed, but the board believes otherwise.
Each situation needs to be evaluated on its own merits without a one-size-fits-all kind of response.
in one case, no mold in my neighbors apt. just peeling paint.
the city happened to notice it while inspecting another issue (in fact, a leak the coop neglected and refused to to address) - the resident had about six weeks or more per city to cure but the coop, wiht no notice at all or request to remedy or of mention of responsibility just came in with no 30 day or other notice. the neighbor would happily have hired their own painter. thoughts?
Each situation is different, obviously. If the City was inspecting something, there may have been more involved with the leak and peeling paint than is obvious on the surface. Questions which come to mind (but I'm asking rhetorically) are is there a possibility that the peeling paint contains lead and is therefore a very serious health issue? Had your neighbor been approached by the board about the peeling paint before this that you are not aware of? Did the City threaten to fine the Co-op if the peeling paint was not corrected? Had there been any previous issues between the board and the shareholder where the shareholder had been uncooperative?
It sounds like there could have been better communications between the board and the shareholder, but again, these kinds of situations are not always black-and-white or obviously to an outsider.
It could also mean the building simply has a lousy, overbearing board that the shareholders as a collective need to discuss and do something about at the next annual board meeting.
"Prompt" could have many meanings. One example of the need for "prompt" action would be a bedbug infestation. The board may give the shareholder 7 days to call in an exterminator and have the situation remedied or else the board will call in the exterminator and bill the shareholder for the expense. A case where a board does not and should not give any notice is the discovery of a gas leak. The board has an obligation to take immediate action to stop the leak.
Remember that the building staff are employees of the building corportation and their job responsibilities are defined by the board. The board has the authority to restrict what an employee may and may not do in an individual shareholder's unit. There are many cases where an employee tried to be a good person and make some repair in a shareholder's apartment only to have the repair backfire and the shareholder tried to hold the Co-op responsible. There is also the question of liability should an employee get hurt while performing non-board sanctioned task in a private apartment. Boards are cutting way back on what they allow their staff to do, even so-called "traditional" tasks.
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Your PL is very clear on this, "...if the condition requires prompt action, notice of less than 30 days may be given or, in case of emergency, no notice need be given." The board has the right and obligation to determine if prompt or emergency action is required, with little or no advance notice needed. You probably would not prevail in a legal challenge.
Remember that I am not a lawyer and any legal opinions I may render are worth what you pay for them.
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