Before going any further with the MA, I would suggest you take copious amounts of photos of every bit of damage visible. Don't just take close-ups, but take a few "establishing" shots that show the damaged area(s) in the context of each room. Make sure to include shots of the area of pipes where the water is dripping from.

Then, call your private insurance carrier (not the co-ops insurance carrier) and open a file. This will set the wheels in motion for an adjuster to visit your apartment to take their own photos and measurements. You may be asked for a copy of your proprietary lease. Give it to the adjuster.

Once the adjuster files his report, your insurance company will decide how to proceed. If the damage is truly caused by a common element (common drain pipe) you may not have anything to do as your insurance will handle it.

What you shouldn't do is wait any longer to contact your insurance company. Two months is a long time to go unreported, and if there is mold you need to have it taken care of right away.

Good Luck!

--- Steve, a/k/a The Borg

Than you Steve for the advice. I did take many photos and a video of water raining down from the pipe into buckets in the garage directly underneath my kitchen on the day I found the damage.
I also contacted my insurance the day after the super inspected my apartment. They suggest I also contact the building inspector and threaten legal action with an attorney since the management company has been aware since July and done nothing to find the source of leak and allow apartments to sustain damage. I was told by the Super that an apartment 1 floor above in adjacent line also has damage in bathroom so the management has been aware of leaking into walls and allowed it to continue. They also suggest that the management company will try to suggest that they are only responsible for replacing the drywall even though the wall cabinet above my stove may need replacing as the damage is all along the side wall that my cabinets are attached to. That entire side wall is damaged and my stove, wall cabinets will need removal to replace it. They suggest that if I file a claim, even though it is the building responsibility, it will count against me and my premium will rise. I just changed my insurance company in June after 20 years with allstate with 0 claims. This is very frustrating as this management company does not communicate at all and believes they have no responsibility to tell me anything.

What about your board? Contact the President of the management co? I’ve contacted my management co President when I didn’t receive proper service or response?

Thanks but the President of the management company is the person I spoke to their first time who "left a note" for the super. She is the worst person to deal with and the one who tells everyone that they are not responsible to do anything for you no matter what the issue. The board does whatever she wants. The board has been the same people for 20 years.

My only suggestion is to discover WHO it is that is really standing in the way of solving your problem. Management is often slow to respond, but Management generally follows the Board's lead when it comes to spending money on repairs, etc.

BTW, this Weds. pm–Thursday is also a Jewish holiday... the most holy day on the Jewish calendar, so.......

I've had a similar experience in my coop. I moved into a beautiful gut-renovated top-floor apartment. Within a month, the rains came and every time it rained, it rained into my BR (for years). I had to lay down tarps whenever I left the apt. It took years before they fixed the roof (very expensive, no small task) and years more before they finally fixed my ceiling. I sent photos with each rain and each time the surrounding wet area grew. Now, there's a new wet spot in the LR and I don't relish starting the fight all over again, especially b/c the Board now is even worse. ; (

Thanks. I'm sorry to hear about your issue. That sounds serious and wouldn't that be a health issue to allow your ceiling to be wet for years. Mold is serious. That is what I am worried about with my ceiling. It is brown. And I've noticed small bugs flying around lately, like gnats. I'm sure it's coming from the wetness in the ceiling.
I understand it was a big Jewish holiday this week but there are non Jewish employees in the office who should be handling things.

There is something called the Warranty of Habitability which basically states that the owner of a property (or in the case of a co-op, the common areas of a property) has a legal obligation to maintain what they own in habitable conditions. This includes being free of leaks and especially mold and vermin.

It sounds like the co-op boards are in violation. So what to do. I would first contact my private co-op/condo insurance carrier. Most have a provision that in the event of damage or other casualty they will pay to make your apartment habitable and then go after whoever is obligated to pay. Most likely the boards. This is a general statement and may not apply in all situations. But it is the least expensive.

The next option is to file a formal complaint with the Dept of Buildings. They'll probably send an investigator so they know what they're involvement is. This can be a very protracted process.

Your final recourse is to hire your own attorney. Expensive, but the most thorough solution. If you prevail you can probably get your attorney's fees reimbursed.

I don't think there is a one-size-fits-all answer to this question, and it is a very good one. I feel your best option right now is to contact an attorney who specializes in real estate and co-op/condo law. They'll probably tell you that until there is regulatory clarification or case law, no one knows. The reason for seeing an attorney is to get advice on what you should do *now*, so you don't run afoul of what may be coming.

oops, Responder

No I’m not but asking questions myself and giving my opinion too. Co-op owner for over 20 years.

Pooh/NYC or whatever your name is and will be in the future. Board Talk is not used to ask and answer your own questions. Since you've been on playing this so called game no one will chime in or ask a question. So please stop unless you have a valid question. Be well & stay safe.

The guidelines say we can freely exchange ideas, etc…

It’s just Q&A.

I was asking the question because I did not know where everyone went. I only saw pooh asking and answering all the questions. You and I were accused of being the same person once but I can assure you Pooh and I are not. :-)

Pooh, like the rest of us, are merely component parts of the collective entity known as The Borg...

stairway lighting with battery backup in all both of our stairwells. Lutron system.
Converting the existing hallway lighting with an emergency mode would be even more expensive.
Hallway separate emergency lighting is affordable until it comes to the labor to mount and hardwire them in.
Conversely you could purchase separate lantern/battery operated units and store them where someone could retrieve them in case of an outage.

Thank you so much!

I believe it is a violation of some DOB or other agency regulation to not have emergency backup lighting a multi-family dwelling. The FDNY makes spot inspection and if a building is in violation it can be fined.

The most common solution is something like this: https://www.exitlightco.com/product/EL-STLED.html At $65 each the cost per resident is probably extremely low. You want something that is set and forget because in an urgent situation like smoke from a fire you don't have time to first deploy the lighting devices.

I suggested auxiliary lantern style lighting to augment automatic switching emergency lighting, not stand in place of it.

Thank you!

First the shareholders must demand that the management co send out notification when the Super is out on vacation and they should also list in the email/flyer who to contact should a crisis come up. Also have shareholders call or email the management co and the Board and/or bring it up at the Annual meeting. The more that are vocal then they’ll do something.

Do you have a porter? They could also get someone to fill in too. I’m sure the management co has a list of part time help either union or non-union members.

In my co-op we have a super and a porter so there is backup. The co-op behind me has a Super full time but help just on the weekends so I’m sure the weekend help do more hours when the Super is on vacation and especially for a week.

Basically it’s not managed properly. Co-op’s have a management co and board members…they should think of these things.

I think the easiest solution is to hire a lead and asbestos testing company to perform a survey of your entire building. That way you can authoritatively respond to your Super's hesitancy. As a bonus, you could also be made aware of the much larger issue of needing lead and/or asbestos abatement. Either could be a very time-consuming, disruptive, expensive project, and the sooner you find out about it, the better you'll be able to plan and budget for it.

I've found that "making excuses" is not limited to union members. Either your employees act professionally and responsibly or they don't. Being a union building works both ways. If you strive to maintain good relations with your union there's a lot they can do for you. This is not always possible given individual human nature, but I've found comity usually works better than confrontation.

We're going through this same exercise in my co-op. It boils down to responsibility and liability. Here are two articles I found that are pretty much on-point:

https://cooperatornews.com/article/qa-co-op-liability-when-a-live-in-super-does-a-job-for-a-shareholder

https://www.habitatmag.com/Publication-Content/Legal-Financial/2018/2018-November/Moonlighting-Supers

Campaign to get rid of your super. He is not serving the coop well.

He loves his free apartment and will not leave. and the board is not perceptive enough to see the harm he presents.

and smart enough, you will prevail!

Run a slate of your own candidates for the board at the next election meeting. The mere threat of being replaced may get the current board off their collective duffs. Or it might put you and your running mates in control.

Just be careful of what you wish for because you may get it.

As a shareholder we have never received this with our annual report or even discussed this with the shareholders. Our attorney did speak on this when we had the election with the new board members this year but only the board members that were on the board last year signed this and not any new board members but my understanding is that shareholders should receive a copy.

Thank you for your quick response. I previously asked this when the law was first enacted. I believe because the law is completely silent on enforcement and oversight, and does not contain any penalties for violations", boards are not adhering to this law. It seems like a shareholder would need legal intervention in this matter as in other BCL laws that are not being adhered to by the board. Thanks Again.

But to me it’s the co-op’s attorney to inform the board when there are new rules and regulations and if the board doesn’t do it then it’s their fault and then the shareholders needs to demand it or get new board members and even a new attorney if he’s not doing his job right. Our attorney only told the board this year about this but it’s been implemented for a few years already.