Q: We purchased an condo on the highest flooring of a co-op in Yorkville in April 2020. After residing there for some time, we moved out and now lease it out to a tenant. A few times a 12 months, the ceiling leaks throughout rainstorms. We at all times notify the tremendous and the administration firm, the tremendous “finds” an issue and “fixes” it, our ceiling is patched and we go on with our lives. However it retains taking place. I am anxious there is likely to be mould or structural harm, and apparently it leaked into the elevator shaft. What can I do to strain them to get a extra thorough analysis and everlasting repair?
A: Ceiling leaks can result in a lot larger issues if they don’t seem to be mounted, in order that they have to be addressed correctly for the nice of your unit and your constructing. You want an analysis by an expert who’s skilled to find leaks, sometimes an engineer.
Reaching out to your managing agent was first step. Doc the dates of contact, and the response you probably did or didn’t obtain. Managing brokers usually have many buildings of their portfolio, and shareholders’ issues aren’t at all times addressed promptly.
Rent a lawyer to draft a letter to the co-op’s board of administrators and to the managing agent. Inform them you’re conscious of the leak, clarify that it’s a recurring downside, describe the harm it’s inflicting, and word that your repeated efforts to handle the problem have didn’t lead to an expert analysis. “In lots of cases, a lawyer’s letter will get the eye of the constructing,” mentioned Lawrence Chaifetz, an actual property lawyer with Chaifetz & Chaifetz LLC.
The co-op board of administrators has a fiduciary duty to maintain the constructing, which is why they have to reply. “I believe a very powerful factor is to impress upon the board their duty in addressing it,” mentioned Lorraine Nadel, a lawyer with the agency Nadel & Ciarlo, who handles actual property disputes and litigation.
If the board doesn’t reply to the lawyer’s letter, you’ll be able to name 311 to report the leaks. If a metropolis inspector visits, it may lead to a constructing violation — or, if the inspector finds different issues, unrelated violations. Simply remember that this might harm your relationship with the board.
Litigation is the following step, and isn’t unusual if the board is dysfunctional or if there isn’t a cash for repairs, Ms. Nadel mentioned.
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