News
01-05-2007, 07:16 PM
The Plumbing Stops Up, and Owners Get the Bill
By JAY ROMANO
Q Recently, the two apartments below me had a plumbing problem. There are four apartments on the same septic system, including my own. Normally, the co-op is responsible for plumbing problems, but our president felt that since the problem was caused by paper towels blocking the system, and since only my apartment and my next-door neighbor’s were occupied when the problem occurred, the co-op should not pay for the repairs.
The president then had us billed, each for half the cost. My neighbor and I deny any responsibility. What can I do if the co-op continues to bill me?
A Eva Talel, a Manhattan co-op and condo lawyer, said that a co-op’s proprietary lease generally determines who pays for repairs when there is damage in the building. “While we do not know the terms of the proprietary lease in this co-op, leases generally require the co-op to maintain the building in good repair, and the co-op is therefore normally responsible to pay for repairing damage to buildingwide systems,” she said.
But Ms. Talel added that proprietary leases also generally provide that where damage is caused by the negligence of an apartment owner, the owner is responsible for the repairs. “The determination of whether damage to a building system resulted from the act of a tenant-shareholder cannot be arbitrary and should be supported by reasonable inquiry and consultation with a professional,” Ms. Talel said.
So, if the sole basis for billing the letter writer and his neighbor is the president’s supposition that one of the two caused the problem, that would probably be insufficient. “If the shareholder continues to be billed, he should write to the board and its managing agent, register his objection and request removal of the charge from his maintenance bill,” Ms. Talel said. “If the co-op takes legal action to collect the bill or attempts to condition a sale of the apartment upon payment of the bill, a court would likely reject the co-op’s actions.”
Address questions to Real Estate Q&A, The New York Times, 229 West 43rd Street, New York, N.Y. 10036, or by e-mail to: realestateqa@nytimes.com. Answers can be given only through the column.
By JAY ROMANO
Q Recently, the two apartments below me had a plumbing problem. There are four apartments on the same septic system, including my own. Normally, the co-op is responsible for plumbing problems, but our president felt that since the problem was caused by paper towels blocking the system, and since only my apartment and my next-door neighbor’s were occupied when the problem occurred, the co-op should not pay for the repairs.
The president then had us billed, each for half the cost. My neighbor and I deny any responsibility. What can I do if the co-op continues to bill me?
A Eva Talel, a Manhattan co-op and condo lawyer, said that a co-op’s proprietary lease generally determines who pays for repairs when there is damage in the building. “While we do not know the terms of the proprietary lease in this co-op, leases generally require the co-op to maintain the building in good repair, and the co-op is therefore normally responsible to pay for repairing damage to buildingwide systems,” she said.
But Ms. Talel added that proprietary leases also generally provide that where damage is caused by the negligence of an apartment owner, the owner is responsible for the repairs. “The determination of whether damage to a building system resulted from the act of a tenant-shareholder cannot be arbitrary and should be supported by reasonable inquiry and consultation with a professional,” Ms. Talel said.
So, if the sole basis for billing the letter writer and his neighbor is the president’s supposition that one of the two caused the problem, that would probably be insufficient. “If the shareholder continues to be billed, he should write to the board and its managing agent, register his objection and request removal of the charge from his maintenance bill,” Ms. Talel said. “If the co-op takes legal action to collect the bill or attempts to condition a sale of the apartment upon payment of the bill, a court would likely reject the co-op’s actions.”
Address questions to Real Estate Q&A, The New York Times, 229 West 43rd Street, New York, N.Y. 10036, or by e-mail to: realestateqa@nytimes.com. Answers can be given only through the column.