Q: We purchased an house on the highest flooring of a co-op in Yorkville in April 2020. After dwelling there for some time, we moved out and now hire it out to a tenant. A couple of times a 12 months, the ceiling leaks throughout rainstorms. We all the time 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’m nervous there is perhaps 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 greater issues in the event that they aren’t fastened, so that they should 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 a superb first step. Doc the dates of contact, and the response you probably did or didn’t obtain. Managing brokers typically have many buildings of their portfolio, and shareholders’ considerations aren’t all the time 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 drawback, describe the harm it’s inflicting, and word that your repeated efforts to deal with the difficulty have did not end in 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 accountability to handle the constructing, which is why they need to reply. “I feel crucial factor is to impress upon the board their accountability 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 possibly can name 311 to report the leaks. If a metropolis inspector visits, it might end in 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 subsequent step, and isn’t unusual if the board is dysfunctional or if there is no such thing as a cash for repairs, Ms. Nadel mentioned.
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