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dilemaDec 16, 2007


proper repair of leak goes neglected in an apt rented from a sponsor in a coop. extensive mold damage to personal property. who is responsible to reimburse for property damage? the coop? the sponsor who owns the apt? or the residents above who did some construction that may have caused the leak?

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My knee jerk and simple reaction - TedT-NJ Dec 16, 2007


Presumably, fortuitously or hopefully, the apartment renter has homeowners insurance.

The renters file a claim with their insurance carrier.

The insurance carrier obtains reimbursement from whichever is deemed to be the culpable or culpable parties.

= = = = = = =

For instance, a renter in a sponsor’s unit, doing some “upgrades” had a workman installing hanging lights. The ceiling/floor between apartments is poured concrete.

The workman drilled into the ceiling, perhaps a bit too far, and drilled into an imbedded conduit severing the local electrical service within part of the apartment above.

In this case, the aggrieved homeowners were advised to file a claim with their insurance company. The aggrieved shareholder’s insurance company can then file against the sponsor, the sponsor’s renter and (or) the renter's workman.

Yes, the coop office ensured that before work began the workman had adequate insurance coverage in case the workman damaged the coop’s property.


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> Join the conversation Comments (1)
no renters insurance - s Dec 16, 2007


you hit the core of the problem on the nail. bingo. now, the important thing is also that the coop neglected to fix the leak at first notice (from a neighbor) of sings of it. given that, who pays for what?

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> Join the conversation Comments (1)
In NJ, a similar case, coop + mold - TedT-NJ Dec 16, 2007


See if this works to view the article:
http://www.northjersey.com/

Then on right side under "real estate" there's an article:
A growing problem in our houses: mold
Dated: Sunday, December 16, 2007

Or this direct URL may work:
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dnFlZUVFeXkyMSZmZ2JlbDdmN3ZxZWVFRXl5NzIzMzQ0NQ==



As it is copyrighted, I cannot reproduce here.

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> Join the conversation
Is your co-op self-managed? - AdC Dec 16, 2007


Read the repairs to a unit accourding to the PL and what remedies a co-op has in cases of negligence on the part of a shareholder including sponsors.

However, there is a need to put the shareholder on notice:

After 10 business days if not fixed, the co-op may do the required repairs and charge the shareholder regardless if sponsor or not. If the leak constitutes an emergency, the co-op resolves the issue and charges back the shareholder of the unit for the problem caused by a negligent act.

This scenario may change if the leak was not considered negligence on the part of the resident. It may still be co-op responsbility if the incident was not caused by a negligent resident (shareholder or not).

The best thing a co-op does is to be proactive; try to resolve the issue before escalates by giving adequate notice and deadline and intervene if necessary.

Always copy your co-op counsel so that he/she is in the loop in the event of other problems.

AdC

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> Join the conversation Comments (1)
AdC - to clarify: coop negligence - s Dec 16, 2007


it was the neglegence of the coop. the tenant was traveling.. the super was notified by tow neighbors in a 15-20 day period. . repairs were not properly or effecively undertaken. result = almost three weeks of mold and subsequent damagees. the coop is neglegent. - the question is: is the sponsor also reponsible since he is the landlord.

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> Join the conversation Comments (2)
Re: AdC - to clarify: coop negligence - Pgrech Dec 17, 2007


you said the tenant was traveling. And the leak was reported to the super by two other residents. You need to find out if the super/building had keys (access) to the apartment that was leaking. If there was no access... Then this may not constitute negligence by the building as there was NO access. You can only "break in" into an apartment with a licensed locksmith if there is an emergency. Emergency is something that is Life threatening, or Server Property damage.
Access to the apartment is Key here, as I see it anyway.

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there was access - s Dec 17, 2007


there was access. the first neighbore reported the stench of wet plaster and the second got leaked on. how does the sponsor fit into all of this?

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sponsor - waterman Dec 20, 2007


The sponsor fits in because he/she is the shareholder (owner) of the apartment in question.


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but are they responsible for property damages to tenant? (nm) - s Dec 20, 2007



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Absolutely!!!! - AdC Dec 20, 2007


The landlord (in this case the sponsor) is responsible for the negligence of its tenant.

In other words, the chain of command is:

co-op - shareholder - subtenant.

Co-op deals with shareholder
Shareholder deals with subtenant.

Done and gone!!!

AdC

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Who is the owner??? - AdC Dec 17, 2007


1. The co-op ALWAYS contacts the owner or landlord, in this case the Sponsor. Forget about the resident, he/she will turn your letter to his/her landlord. Therefore, the co-op through management deals with the SPONSOR.

2. If there is a minor plumbing issue, the SPONSOR is told to get a licensed plumber to deal with the deficiency, if in your policy you demand the use of a license plumber.

3. A deadline for the repairs is always set if minor and not causing major problems to others, e.g., a leaky faucet, a non-operational shut off valve, a toilet tank that runs non-stop, but you can turn the shut off valve off.

4. If you are dealing with an emergency, the co-op intervenes immediately by invoking the PL and charging back to the SPONSOR.

5. What is not negligence by way of example: an unexpected rupture of a hose under the sink that was installed appropriately, but was an obvious material failure. In this case, the co-op is responsible no matter if the shareholder is the owner of the hose.

In your case if the co-op provided notice to the sponsor when the neighbors complained, then the sponsor is responsible for not following through. However, the co-op should have earmarked the problem and instituted the PL by doing the repairs for failure on the part of the sponsor to cure the problem.

AdC

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