My question involves real estate located in the State of: New York City
Hello,
if any one can help with understanding the repair and maintenance by-laws of my condo.
A bit of a story background-
There was a leak in my apartment which is 3A. I cut open a hole in the sheet rock in bathroom ceiling as well as sheetrock in closet. Also the apartment above me 4A we opened up sheet rock to see if perhaps the leak was coming from above. After a professional came to the apartment he determined that there was a leak in a pipe which is a heat pipe another unit on the same floor 3C.
The board has determined that because the heat pipes go through my unit to other units and since 3C doesnt have direct or exclusive access to this part of his heat pipe that this is a common expense and will be covered by the board.
The board is also saying that they will patch the sheet rock in both my apartment 3A and above 4A without finish. But they are saying that im responsible for my own unit and whatever was damaged inside of it. For instance my closet where the leak occurred needs to be closed with new sheetrock, taped, plastered, and painted. To which they are stating that this is my responsibility. Also the vanity in the bathroom was damaged with water and they are also saying that they will not replace it and it is unit owner responsibility.
My question is if any damage occurred in my unit due to a common issue. Who is responsible to fix those damages? Am i responsible for damages in my apartment even if its not my fault? Or any damages that occured by common problem should the board restore what was damaged?
This is what the by-laws state
ARTICLE 5
OPERATION OF THE PROPERTY
Section 5.1 Maintenance and Repairs. (A) Except as
otherwise provided in the Declaration or in these By—Laws, all
painting, decorating, maintenance, repairs and replacements,
whether structural or non—structural, ordinary or extraordinary:
(i) in or to any Unit and all portions thereof
(including, but not limited to, kitchen, bathroom fixtures and
appliances, windows and their frames, sills and sashes, all
doors (entrance and balcony, if any) and their frames and
saddles, exposed plumbing, gas and heating, fixtures and
equipment, air conditioning units, lighting and electrical
fixtures and any General Common. Elements incorporated. therein
shall be performed. by' the owner of such Unit at such Unit
Owner's cost and expense; and
(ii) in or to the General Common Elements shall
be performed by the Condominium Board as a Common Expense: and
(iii) in or to the Limited Common Elements shall
be performed (a) by the Condominium Board as a Common Expense,
if involving structural or extraordinary xnaintenance, repairs,
or replacements (including, but not limited to, the repair of
any leaks that are not caused by the acts or omissions of the
'Unit Owner having direct and exclusive access thereto) or (b) by
the Unit Owner having direct and exclusive assess thereto at his
sole cost and expense, if involving non—structural ordinary
maintenance, repairs, or replacements (including, without
limitation, individual heating and hot water equipment).
Premptly upon obtaining knowledge thereof, each Unit Owner
shall report to the Condominium Board or to the Managing Agent
any defect or need for repairs for which the Condominium Board
is responsible pur$uant to the terms hereef, All painting,
deporating, maintenance, repairs and replacements performed
hereunder or otherwise, whether by or at the behest of the Unit
Owner of the Condominium Board, shall be performed in such a
manner as shall not unreasonably disturb or interfere with any
Unit Owners or the tenants and occupants of any Units.
(B) Notwithstanding anything to the contrary' provided in
paragraph (A) of this Section 5.1, however, the exteriOI glass
surfaces of all windows Of each Unit are to be washed and
cleaned by the Owner of such Unit at such Unit Owner‘s sole cost
and expense. In addition, if any painting, decorating,
maintenance, repairs or replacements Of the Property or any part
thereof, whether structural or non-structural, ordinary or
extraordinary, is necessitated by the negligence, misuse or
abuse of (i) any Unit Owner, the entire cost and expense thereof
shall be borne by such Unit Owner, or (ii) the Condominium
Board, the entire cost and expense thereof shall be borne by the
Condominium Board as a Common Expense, except, in all events, to
the extent that such cost and expense is covered by the proceeds
of any inaurance maintained pur5uant to the terms of these By-
Laws. Similarly, each Unit Owner shall be responsible for any
and all damage to any Unit or to the Common Elements resulting
frem such Unit Owner's failure to maintain, repair, or replace
his or her Unit or any portion thereof as required herein.
(C) Each Unit and all portions of the Common Elements shall
be kept in first-class condition, order and repair (and free of
snow, ice and accumulation of water with respect to any balcony,
roof, or other part of the Property exposed to the elements) by
the Unit Owner or the Condominium Board, whichever is
responsible for the maintenance thereof as set forth herein, and
such Unit Owner or the Condominium Board, as the Case may he,
shall premptly make or perform, or cause to be made or
performed, all neintenance work (including, without limitation,
painting, repairs and replacements) that is necessary in
connection therewith. In addition, the public areas of the
Building and the Land and those areas exposed to public view
shall be kept in good appearance, in conformity with the dignity
and character of the Building, by (i) the Condominium Board,
with respect to such parts of the Building required to be
maintained by it, and (ii) each Unit Owner, with respect to the
interior and exterior surfaces of balconies, windows and shades,
venetian or other blinds, drapes, curtains or other window
decorations in or appurtenant to his or her Unit.
Section 5.2 Alterations, Additions, or Improvements to
the General Common Elements. \Except as otherwise provided in
the Declaration or in these By-Laws, all necessary or desirable
alterations, additions or improvements in or to any of the
Common Elements shall be made by the Condeminium Board, and the
cost and expense thereof shall constitute a Common Expense
except that any imprOVements or additions shall only be made
after unanimous consent of the board is obtained.
Section 5.3 Alterations, Additions, Improvements, or
Regairs in Or to the Units and Limited Common Elements. (A)
Subject to the terms of paragraph (B) of this Section 5.3 no
Unit Owner shall make any structural alteration, addition,
improvement, or repair in or to his Unit or its appurtenant
Limited Common Elements without the prior written approval of
the Condominium Board. The Condominium Board shall grant its
approval provided that prior to, and as a condition of. the
granting of any such approval, the Unit Owner procures and
agrees to maintain during the course of such work such insurance
as.- the Condominium Board may reasOnably prescribe and executes
an agreement, in form and substance satisfactory to the
Condominium Board, setting forth the terms and conditiens under
which such alteration, addition, improvement, or repair may be
made, including, without limitation, the indemnity referred to
in paragraph (D) hereof and the days and hcurs during which any
sach work may be done. and further provided that the alteration
does not impair the structural integrity of the building or any
Unit Or otherwise interfere with the use of any other Units+
(B) Notwithstanding anything to the contrary contained in
paragraph (A) of this Section 5.3 however, Spenser or its
designee shall have the right pursuant to the terms of Article
11 of the Declaration, without the approval of the Condominium
Board to (i) make any alterations, additions, improvements, or
repairs in or to any Unscld Units whether structural or non-
structural, interiOI or exterior, ordinary er extraordinary, and
(ii) subdivide, combine and change the boundary walls of Unsaid
Units.
(C) All alterations. additions, improvements and repairs by
Unit Owners shall be made in compliance with Law. In connection
therewith, the Condominium Board shall execute applications to
any departments of the City of New York, or to any other
governmental agencies having jurisdiction thereof, for any and
all permits required in connection with the making of
alterations, additions, improvements, or repairs in or to a Unit
or its appurtenant Limited Common Elements, provided that, with
respect to all such work of a structural nature (but other than
that of the nature described in paragraph (B) hereof), the same
was approved by the Condominium Board pursuant to the terms of
paragraph (A) hereof.
(D) Neither the Condominium Board nor any Unit Owner (other
than. the Unit Owner(s) making any alterations, improvements,
additions, or repairs, or causing any of the same to be made, in
or to his, her or their Unit(s) and appurtenant Limited Common
Elements) shall incur any liability, cost, or expense either (i)
in connection with the preparation, execution, or submission of
Ithe applications referred to in paragraph (C) hereof; (ii) to
any contractor, subcontractor, materialman, architect, or
engineer on account of any alterations, improvements, additions,
or repairs made or caused to be made by any Unit Owner; or (ii)
to any Person asserting any claim for personal injury or
property damage, arising therefrom. Any Unit Owner(s) making
alterations, improvements, additions, or repairs, or causing any
Othhe.Same to be made, in or to his, her or their Unit(s) and
appurtenant Limited Common Elements shall agree (in a writing
executed and delivered to the Condominium Board, if the
Condominium Board shall request), and shall be deemed to agree
(in the absence of such. writing), to indemnify and. hold the
Cendcminiun1 Board, the members of the Ccndominiun1 Board, the
officers of the Condominium, the Managing Agent and all other
Unit Owners harmless from and against any such liability, cost
and expense.
Section 5.4 Insurance. (A) If the same shall be
obtainable, the Condominium Board shall obtain, and shall
maintain in full force and effect, fire insurance policies with
all risk extended coverage, vandalism and malicious mischief
endorsements, insuring the Building (including all Units and the
bathroom and kitchen fixtures installed therein en the date of
recOrding the Declaration and all service machinery' contained
therein, but not including appliances or any furniture,
This is their explaination...
Article 5 of the by laws Maintenance and Repairs states
Section 5.1 Maintenance and Repairs.
(A) Except as
otherwise provided in the Declaration or in these By—Laws, all
painting, decorating, maintenance, repairs and replacements,
whether structural or non—structural, ordinary or extraordinary:
(i) in or to any Unit and all portions thereof
(including, but not limited to, kitchen, bathroom fixtures and
appliances, windows and their frames, sills and sashes, all
doors (entrance and balcony, if any) and their frames and
saddles, exposed plumbing, gas and heating, fixtures and
equipment, air conditioning units, lighting and electrical
fixtures and any General Common. Elements incorporated. therein
shall be performed. by' the owner of such Unit at such Unit
Owner's cost and expense; and ...
This states that the unit owner is responsible for everything within their walls from painting to decorating (finishes) this includes in our case bathroom fixtures. Irrelevant to how the damage occurred. If the damage that occurred to unit was relevant it would state so in the by-laws. Meaning If a common issue caused damage to units it would state that it is board responsibility or common expense. If someone has a very expensive bathroom or very expensive furnishing in the bathroom board cannot be responsible to replace or fix those things. This is also the reason for home owners insurance which the unit owner can protect themselves from situations such as these.
(ii) in or to the General Common Elements shall
be performed by the Condominium Board as a Common Expense: and
(iii) in or to the Limited Common Elements shall
be performed (a) by the Condominium Board as a Common Expense,
if involving structural or extraordinary maintenance, repairs,
or replacements (including, but not limited to, the repair of
any leaks that are not caused by the acts or omissions of the
'Unit Owner having direct and exclusive access thereto) or (b) by
the Unit Owner having direct and exclusive assess thereto at his
sole cost and expense, if involving non—structural ordinary
maintenance, repairs, or replacements (including, without
limitation, individual heating and hot water equipment).
In this paragraph is states that individual heating and hot water equipment can mean that specific unit owners heating pipes are part of their hot water equipment technically. It also states that unit owner having direct and exclusive access there to. Since you determined that the leak in 3A was caused by a heating pipe from 3C. Since these pipes run through 3A, the unit owner in 3C doesn't have direct or exclusive access to his pipe in 3A. Even though 3A is responsible for plumbing within their walls they are not responsible for the heating pipe of another units Therefore we are assuming this was not damage due to acts or omissions of the unit owner of 3C or 3A. There for we determined that the board will pay for the leak pipe. We came to a conclusion that board is also responsible for patching any holes - WITHOUT FINISH in the sheet rock that were open in order to determine the issue (3A,4A)
Sorry for the long read. I really appreciate your feedback. Thank you!
Maintenance and Repair: NYC Leak
