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the neighbor above has a slow leak they believe to be toilet bend leak damaging my ceiling. he is in process of divorce and apt sale and refuses to get leak fixed. coop wants to just plaster up my ceiling and let me paint before the leak is fixed. does this make sense? they sy they will not use th toilet.
meantime my insurance has paid for some work but coop trying to do the plaster anyhow and the super does sub-par work.
if the leak is in the area betweenthe apartments, it would be the co-op responsibility to repair it.
in many cases if the leak is in the primary plumbing, meaning the flushomotor or connecting pipes ,in my case it is the co-ops responsibility, but not all.
exterior leaks are not that hard to fix.
i guess the issue is , is it the coops responsibility or the share-owners and where exactly is it leaking from? even a flushometer leak could be negated by a bucket until fixed
Find it funny that you should ask where is the leak coming from (how do I know) also outside leaks are easy to find???. Let me break it down simply for you. In most Coops I know of, outside the wall = shareholder, Inside = Coop. You need to follow up if you want it fixed. Only then can you address liability. A good super/plumbing Co should be able to find out very quickly. Document take photos,call management etc, like I previoulsy said.
Another RM
In the Coop that I manage I have never been restricted from carrying out repairs. However for what it is worth here is my two cents on what I would do. Two choices here. If you want to be nice or not....
1. Document everything,take photographs and get a letter from the Coop and shareholder assuring you that the repairs will be carried out when your upstairs neighbour take care of his issues so to speak. Taking care of it means that the ceiling damage once repaired will not be noticable.
2. Same as above documentation wise, but write the Coop/shareholder saying you want the issue resolved right away. If they drag there feet threaten legal action.
ANR
it is the big bending pipe connecting the toilet to the waste line.
The pipe you may be talking about is called the lead-bend and a plumber will have to cut out the exisiting one if it is leaking and will have to gain access to the apartment which the toilet is in and the one below it at the same time.
If it is only the flange or the wax gasket on the lead-bend then he may only need access to the apartment which the toilet is located.
Good luck!
Suggest you print and show this to the Board.
Cooperative Ordered to Purchase Apartment
http://cooperator.com/articles/1582/1/Cooperative-Ordered-to-Purchase-Apartment/Page1.html
Here's the listing for the above unit:
http://www.trulia.com/property/3002097063-2077-Center-Ave-Fort-Lee-NJ-07024
The co-op still can't sell the unit for the hugely discounted $770,000 price after paying over a million to buy it.
And, don't forget all the residents are forced into underwriting the "unpaid" maintenance and taxes for the vacant unit owned by the co-op because of the Board's actions or inactions.
Do you think a $300,00 loss (if they even sell it) a multi-year payment of taxes and underlying building maintenance and legal fees are worth it? And the building has been "holding" the apartment for 2-1/2 years with no buyers in sight. Let's see -- maintenance + taxes at perhaps $4,500 a month for 30 months is another $135,000 out the window.
Do you think the board acted properly and discharged its fiduciary duties properly?
What is your judgment?
Ensure there is a paper trail for your complaint. If you didn't write one before, then document the first day that you complained in the new letter. Send letter to: managing agent, president of board and co-op attorney. Be clear, be forthright, be complete, etc. And ask for a written response as to "When will the identified leak be repaired in its entirety?
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This does not make sense do not allow this to happen.
They should fix the problem after it has been corrected, have your ceiling opened up so it could dry out so there is no chance of any mold to grow. e-mail me if ou would like to talk some more.
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