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An owner has water damage seeping from above unit (owned by board member). He refuses to grant access to fix the problem? Management keeps saying it will be taken care of - has gone on for months.
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efy - I think Fred is trying to get his problem resolved without starting World War III. I agree with having Fred contact his insurance company and keeping good documentation for all his communications about this. He should also contact his personal attorney for guidance. I really think, though, that a lot of the rest you proposed is overkill at this point.
Do this. it will work. The coop will then force him to allow access. do N±OT delay.
write letter to board saying owner has no right to withhold access under the prop lease and you demand this get fixed at once. In the interim you feel you have a situation that allows you to abate a portion of your maintenance. You intend to exercise the abatement clause of your prop lease in say ten or fifteen days from the date of the letter if the source of the water damage is not fixed.
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if he has homeowners insurance he should file a claim with them, let them make their paper trail. If he doesn't, this is an omen to get it, since the downstairs can dump it on the insurance and let them take action. plus it will not be the end or this mild/slow in the future. owner should put it in writing,certified mail with date of first notice of leak and to whom, even if verbal . Myself i would call it self dealing and no due diligence, no fiduciary responsibility to building by the whole board and self dealinf since they refuse t act as they would a share-owner. Name them and management company,cc the elected representatives including the state AG . we have to keep a paper trail on them, since they have IMOP defaulted on the contract, by refusing to uphold the BCL, if you have time go to your county supreme court and start a case , another paper trail,
I am not sure how it works with small claims court, ir it starts out as damages under the small claims amount , but continues onto larger than small claims , whether you screwed yourself.
Best Bet get insurance now, probably has illlegal wet over dry, or washer done improper ,same with dishwasher.
bottom line we need to get AG to do their job or lmake a lot of noise n the process and let every prospective buyer know that the Ag refuses to enforce the BCL, Maybe a couple good attoenys will pop up that will take the AG to court for IMO fraud.
i am looking for media investigative journalism for my mess in yonkers, i am tired of spending my life trying to write letters, If someone knowledgeable asked me questions , i would be able to give the answers and within a weeks time produce the paperwork , most likely a google docs cloud type medium,
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