Page 5 - CooperatorNews New York Expo 2021

COOPERATORNEWS.COM COOPERATORNEWS — OCTOBER 2021 5 QUESTIONS & ANSWERS Legal Q A& Garage Needs Repairs Q Th e fl oor of our co-op garage is sinking, and needs to be repaired. Not only are sewage pipes below, but so are gas lines. No contractor wants to come here to fi x the fl oor as they are afraid of an explosion. What legal entity do I contact, as the board is not doing anything? —I’ve Got a Sinking Feeling A Leni Morrison Cummins, shareholder at New York law fi rm Cozen O’Connor, says, “Th e board of directors of your co-op is obli- gated to repair and maintain the building sys- tems pursuant to the co-op’s proprietary lease and New York City and New York State law. Under most proprietary leases, the co-op is responsible for repairs to the building systems and structure. Th erefore, as a lessee under the proprietary lease, you have the right to compel your board of directors to maintain and repair the sinking garage and do what is necessary to protect the sewage pipes and gas lines. “Th e New York City Housing Maintenance Code sets forth minimum standards of health, safety, repair, and maintenance, and specifi - cally requires owners of multiple dwellings to keep the premises in good repair. Co-op boards (with three or more units) are con- sidered owners under the statute. Addition- ally, the New York City Building Code has standards for safety that may be in violation. Th erefore, if the conditions are unsafe, the City will take action to compel your board of direc- tors to repair. “Additionally, the board is considered your legal landlord and therefore owes you and the other lessees of the co-op a warranty of habit- ability. New York Real Property Law Section 235-B provides an automatic covenant that the landlord owes all residents premises that are fi t for human habitation, and not subject to any conditions which would be dangerous, hazardous, or detrimental to their life, health, or safety. If your apartment is truly unsafe, it is possible that the board is in breach of the war- ranty of habitability. “I recommend that you fi rst approach your board in a more formal capacity and send a written demand notifying the board of the un- safe condition and demanding that the board, if it hasn’t done so already, retain a licensed ar- chitect and engineer to inspect the garage and underlying utilities. If the conditions are un- safe, the architect or engineer will be obligated to notify the Department of Buildings of the unsafe condition, which will in turn force your board to take measures to safeguard the co- op. If that doesn’t work, then you can call 311 and request that the City send out inspectors. Lastly, if necessary, as a lessee, you have a cause of action under the proprietary lease and can bring the board to court for failing to uphold its obligations under the proprietary lease.” Windows Need Replacement Q I live in a co-op in the Riverdale section of the Bronx. Th e windows in the entire co-op are in bad need of replacement. We live right off the river and it can be extremely windy and cold. I inquired with management if window replacement might be on their list of upcoming projects, as many projects are being done. Other owners have also complained about their windows. Management pursued talks with a private window company and connected them with owners who were interested in replacement. Th e individual owners would sign contracts and bear the costs of their replacement. When I previously spoke with manage- ment about whose responsibility it would be to replace the windows, management’s reply to me was that it is in my proprietary lease— but in reading the lease, it appears to be man- agement’s responsibility. When I approached management with this information, their reply was to me, “I never told you it was not our responsibility; these are owners who want their windows replaced now.” I attended a meeting between those own- ers who were interested in replacement and the window company. Management was there and verbalized that they would consider do- ing this window replacement piecemeal every year. Is this appropriate per the proprietary lease, and do the owners have a recourse? —Draft Dodger A “As the questioner notes, re- sponsibility for repairs is usu- ally contained in the building’s proprietary lease,” says Mark Axinn, chair of the Cooperative and Condominium Practice Group for New York law fi rm Phillips Nizer. “Most proprietary leases specify that the les- sor-apartment corporation is responsible for window repairs, although sashes and frames may be the responsibility of the shareholder- lessee. “In this case, the management company for the co-op acknowledged its obligation, but is not addressing it in a timely manner. Th e questioner should write to the corporation putting it on formal notice that the windows in his unit are defective and need replacing before this winter, as the weather conditions along the Hudson aff ect the habitability of the At FirstService Residential, we know that condo and co-op board members face a number of challenges. We’ve curated a library of resources to help. From managing capital improvements to preparing an effective budget to complying with New York City’s myriad of local laws and energy regulations, the FirstService Residential Resource Library has the support you need. Click here or scan the QR code. www.fsresidential.com/new-york LetsTalk.NY@fsresidential.com 212.324.9944 New York’s Property Management Leader Making a Difference. Every Day. continued on page 29 See us at Booth 207