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Does the warranty of habitability apply to a common area such as the bike room, which our co-op does not charge for and states use at your own risk. Risk meaning if your bike is stolen, they are not responsible.
The conditions in the bike room have become unsafe with some areas of the ceiling falling and an infestation of waterbugs. Our management and board will not remedy this situation and say this is not their responsibility.
They said it was only a small area of the ceiling that fell and use of this common area is at your own risk.
They have not informed other cooperatives of the possible dangers from the falling ceiling and possible lead and asbestos contamination.
you assume all liability for stuff you store in areas in the building (assuming you signed a waiver when you stored a bike). BUT that doesn't absolve the board from keeping the building in good shape. Take pics and involve 311/DOB. this is not legal.
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I neglected to mention that a bike was damaged from the falling ceiling which the Managing agent and board say they bear no responsibility for.
The owner of the bike feels since the co-op allowed them to use a common area that was unsafe, they are responsible for repairs to the bike.
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