Page 5 - NY Cooperator July 2019

QUESTIONS & ANSWERS Legal Q A oor and 1st oor). How long must I put up Ferrara, a partner at the law rm of Newman are free to le suit seeking appropriate relief, with this reduction in services? Do I have any Ferrara LLP in New York, “as set forth in the including securing a possible order from a recourse? —Frustrated by Inaction A “Generally speaking, condo- minium boards of managers must adhere to all internal ing’s board is not acting in a manner that is lution. ey are still your neighbors, a er all. requirements and procedures,” says Lucas A. consistent with its legal obligations, then they bylaws, the declaration, and house rules. And, judge compelling the board to make the re- under New York law, they must also exercise quired repairs. prudent business judgment when making de- cisions. “If the reader is of the view that the build- “But since litigation can be quite costly, it should be the option of last resort. It’s always best to attempt an amicable out-of-court reso- COOPERATOR.COM THE COOPERATOR —JULY 2019 5 ROSENWACH TANK THE FIRST NAME IN QUALITY CEDAR WOOD TANKS WE ARE CERTIFIED and IT MATTERS! 718.729.4900 43-02 Ditmars Boulevard, 2nd Fl., Astoria, NY 11105 www.rosenwachgroup.com Rosenwach is proud to announce that Rosenwach’s tanks are certified to NSF/ANSI 61 by NSF International, a leading global independent public health and safety organization. NSF/ANSI 61 addresses crucial aspects of drinking water system components such as whether contaminants that leach or migrate from the product/material into the drinking water are below acceptable levels in finished waters. To receive certification, Rosenwach Tank submitted product samples to NSF that underwent rigorous testing to recognized standards, and agreed to manufacturing facility audits and periodic retesting to verify continued conformance to the standards. The NSF mark is our customers’ assurance that our prod- uct has been tested by one of the most respected indepen- dent certification organizations. Only products bearing the NSF mark are certified. Moisture Seepage Q I purchased my co-op four years ago with a master bath that had been remodeled seven or eight years ago by a previous owner. It appears that water/moisture is seeping into the foy- er wall on the opposite side of the shower stall and is causing the plaster to raise and peel, which is a ecting a custom paint job. e shower tiles do not show any signs of cracking, opening or warping. Who is re- sponsible for the repairs, considering the bathroom was redone that long ago and by a di erent owner? Also, who is responsible for mold (assuming that there is any)? —Seeking to Find Who's at Fault A “ e short answer is it de- pends on the source of the damage to the plaster in the bathroom, which adds a preliminary ques- tion of who pays to solve that mystery,” says attorney Andrew Weltchek of the New York law rm Cohen Hochman & Allen. “ e reader says: 'It appears that water/ moisture is seeping into the foyer wall on the opposite side of the shower stall and is caus- ing the plaster to raise and peel \\\[and damage\\\] a custom paint job.' We don't know if that is truly the source of the damage to the shower, nor do we know whether the foyer wall is part of the common areas in the co-op or part of an adjoining apartment. But we have to start somewhere. “So we start by testing whether is water really coming from the foyer wall and, if so, how? If the foyer wall is part of a common area, then the co-op board should pay for that investigation or, at least, allow the sharehold- er with the shower problem to perform the testing at his or her expense. If the foyer wall is part of the shower owner's apartment, he or she pays to nd the cause. If the foyer wall is in another shareholder's apartment, then that shareholder should pay to nd the cause – or at least allow the shower owner access to the foyer owner's apartment to nd the cause. “If the ultimate source of the water is some common area of the building, then the board should pay to x the problem and reimburse the shareholder for the testing and the dam- age – including mold, if any. Otherwise, the shareholder where the water is originating should pay.” Trying to Get an Elevator Fixed Q My family and I live in a six-story condominium in Manhattan. We own the top two oors (5 & 6), which amounts to 22 percent of the building. e elevator has been out of service for two months. e board members seem to be in no hurry to get it xed (they live on the 3rd continued on page 14 &