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What can a coop do when a shareholder refuses access to repair a leak? They are trying to sell their apartment and do not want the floor ripped up and it has meantime caused considerable damage to the below apt?
This is exactly what must be done... A certified letter to the SH informing them that they are in breach of the Proprietary Lease Agreement and access must be provided to make necessary repairs. Any denial of said access will result in additional damages that will be charged directly to their account.
(And since they are selling it is good timing to ensure you are getting paid as they can not close otherwise)
~AR
I agree with Mike, but I would also add make sure you have done your homework and you are sure that the leak is coming from that particular apartment. It is no good ripping up the floor to find out the leak was further up the riser etc. Also document the work and take photos
Happy hunting,
MRM
I agree with Mike and MRM about the floor repair. Also, if the leak comes from inside walls and isn't caused by fault or negligence from the apt above, I believe it would be the coop's responsibility to repair it and the damaged floors of the shareholder who's trying to sell. If so, all the repairs should be made quickly, and I wouldn't see why the selling shareholder should object to this. He might get new flooring that would add value to his apt.
The resident with the water damage, has anyone thought about opening walls and running the water from the apartment above to see if in fact it is coming from the apartment above? I assume the wall/ceiling have water damage open up that ceiling and have your staff or even better the pro come in to do complete inspection. E-mail me i you have any questions.
Yes I did mention in a previous post to troubleshoot all areas first.
ARA
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Years ago I had the same problem in a building. Have the management company contact the buildings attorney and have the shareholder served with a notice informing them that time is of the essence and that by delaying access to the apartment they could and will be held responsible for damages.
Good luck!
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