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Who Pays for Mystery Leak Damage?Apr 05, 2014

Hi all. Conundrum: A co-op member on the first floor of our building noticed water bulging her paint and teardropping along her walls in her bathroom and dining room. A plumber came out and turned off the radiator in the unit above her and the leak stopped. No one noticed a leak from the radiator through the floor and, because the leak stopped when the radiator was turned off, the plumber didn't have to crack open the ceiling to find the origin of the leak. In our building, we have a rule that the co-op is responsible for everything "inside the paint," so if this was an issue inside the radiator pipe, the co-op pays for it, and if the second floor unit's radiator was leaking, the second floor people pay for it. Someone needs to pony up for half the cost of the repair. Should it fall to the board? (The person with the water damage is also a board member.) Thank you.

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Leak - Steve-Inwood Apr 06, 2014

Hi,

I live in a building that draws people transitioning from “rentership” to ownership. To me, owning, involves taking responsibility for what goes on inside my unit. It’s similar to owning a car – the systems in a unit need occasional maintenance and they need to be inspected with that in mind.

In my opinion and while the heating system is the responsibility of the co-op, as an owner and with the greater responsibility taken upon oneself with that status, if one sees damage and doesn’t report it (or should have seen that damage), they are at least partially responsible.

I would say charge at least charge half to the unit above and let them claim it on their insurance.

Steve

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> Join the conversation Comments (1)
No real estate owned - Nomorecoop Jun 19, 2014

Steve, I disagree profusely with you. While owning a 'condo' means you actually own real estate, investing in a 'coop' means you are part (or partially an) owner of the entire building. Coop investors don't actually 'own' real estate. So, that being said, the building as a whole should be responsible for a state of good repair. And, to me, that means that if anything not readily or easily available for visual inspection should be responsibility of the corporation (coop). If you own your car that's one thing - if you 'lease' your car - as you do in a coop - the agency you purchased a lemon from should be responsible. I'm a BOD member.

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leaks and mold - JS Jun 18, 2014

Chetrit Sold $1.6M Condo Full of Mold and Mice, Resident Claimshttp://www.dnainfo.com/new-york/20140324/midtown/chetrit-sold-17m-condo-full-of-mold-mice-resident-claims-lawsuit
""They defrauded me," Schottenstein, who has the autoimmune disease lupus and cannot enter the apartment without wearing a surgical mask, told DNAinfo New York. "This was supposed to be all new plumbing, new electrics, new mechanics. And that was not the case."

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leaks and mold - JS Jun 18, 2014

Chetrit Sold $1.6M Condo Full of Mold and Mice, Resident Claimshttp://www.dnainfo.com/new-york/20140324/midtown/chetrit-sold-17m-condo-full-of-mold-mice-resident-claims-lawsuit
""They defrauded me," Schottenstein, who has the autoimmune disease lupus and cannot enter the apartment without wearing a surgical mask, told DNAinfo New York. "This was supposed to be all new plumbing, new electrics, new mechanics. And that was not the case."

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