What is the name of your state (only U.S. law)? New York
What is the name of your state (only U.S. law)? New York
I am a shareholder of 35 years in a multistory Co-Op in New York City (Queens to be exact). Almost 3 year ago, my unit suffered severe water damage from "Hurricane Irene". The damage was all along one wall facing the street which is shared by my living room and master bedroom. Paint bubbled and peeled off and plaster fell off in chunks along the walls, ceiling and window frame. You could see the walls shiny with moisture and they were wet to the touch. In addition, drapery rods and anything hanging on the walls fell out and due to the condition, could not be rehung. The Board advised that necessary exterior repairs needed to take place and once this pointing was completed, then interior repairs could take place. It took over a year and six months between bids and work for the pointing to be completed (I have been told the Board knew they needed to have the building pointed prior to Irene but were delaying it due to the costs they were quoted). During this time "Hurricane Sandy" hit and there was more of the same along this wall. I am not alone in suffering this damage - many other shareholders had differing degrees of damage along this same outer wall. When the pointing was finally completed last Fall, the Board advised interior repairs would commence. It should be noted that for any work one does in your unit, the Board requires bonded and licensed contractors and workers with a minimum $5 million dollar liability insurance coverage. The interior repairs by the Board consisted of one of the building's porters/handymen scrapping and plastering the damage - needless to say he made a mess.
I had been planning to repaint the rooms and began getting quotes. All the quotes I have received are at least 30% higher due to the corrections and repairs that still need to be done in both rooms along this wall (removing and redoing the plaster job; removing and replacing the damaged baseboards on that wall (and by extension, all baseboards in both rooms), removing and replacing the damaged window framing and sills in both rooms, killing any mold found behind baseboards or window framings and sills; and in the master bedroom, very likely rebuilding that entire wall). I approached the Board about this and was advised they would only pay for the cost of paint (not labor) if I could prove I had painted within 2 years of when the damage occurred and that any additional repairs would be at their expense but would be done by the same porter/handyman who made a mess of the plaster job. As I had not had these rooms painted within 2 years of the damage and as I did not want the porter/handyman to do the repairs (who knows what if any qualifications he has!), I was told that was my choice and the Board therefore had no financial responsibility, period.
As the damage came from the outside wall, not from within the unit or due to my fault, I strongly believe the Board does have a financial responsibility to contribute to the additional costs I will have. The Board's position here to me, is like being hit by a car and having that driver tell you they will repair your car but only if you use this one auto shop/mechanic - otherwise, they will pay nothing. I believe the Board is towing this line in the hopes that shareholders will either use the porter/handyman or just pay for it themselves, thus saving the Board any expense. While not on the breadline, I am a retired widow on a fixed income. I am not using the most expensive contractor, but I am not using the cheapest either. Based on what my contractor will charge me, I do believe that anything between $4,500 and $6,000 contributed by the Board would be fair -- to be honest, even $3,500 would be acceptable to me at this point. Do I have a leg to stand on if I go to the Board with this? Are there any laws, regulations, ordinances, etc. that would back me up? I am hoping referencing such in a strongly worded letter from me to the Board would resolve this matter. Or, do you think I need to get a lawyer involved? As I said, I am only looking to have the Board kick in for the extra costs - the repairs need to be done and I deserve to live in comfort and have the quiet enjoyment of my home, so they repairs will be done regardless. I am just looking for the Board to kick in for the extra costs, which I believe is only fair, rather than have to shoulder it all myself.
Thank you in advance for any advice and help offered!
What is the name of your state (only U.S. law)? New York
I am a shareholder of 35 years in a multistory Co-Op in New York City (Queens to be exact). Almost 3 year ago, my unit suffered severe water damage from "Hurricane Irene". The damage was all along one wall facing the street which is shared by my living room and master bedroom. Paint bubbled and peeled off and plaster fell off in chunks along the walls, ceiling and window frame. You could see the walls shiny with moisture and they were wet to the touch. In addition, drapery rods and anything hanging on the walls fell out and due to the condition, could not be rehung. The Board advised that necessary exterior repairs needed to take place and once this pointing was completed, then interior repairs could take place. It took over a year and six months between bids and work for the pointing to be completed (I have been told the Board knew they needed to have the building pointed prior to Irene but were delaying it due to the costs they were quoted). During this time "Hurricane Sandy" hit and there was more of the same along this wall. I am not alone in suffering this damage - many other shareholders had differing degrees of damage along this same outer wall. When the pointing was finally completed last Fall, the Board advised interior repairs would commence. It should be noted that for any work one does in your unit, the Board requires bonded and licensed contractors and workers with a minimum $5 million dollar liability insurance coverage. The interior repairs by the Board consisted of one of the building's porters/handymen scrapping and plastering the damage - needless to say he made a mess.
I had been planning to repaint the rooms and began getting quotes. All the quotes I have received are at least 30% higher due to the corrections and repairs that still need to be done in both rooms along this wall (removing and redoing the plaster job; removing and replacing the damaged baseboards on that wall (and by extension, all baseboards in both rooms), removing and replacing the damaged window framing and sills in both rooms, killing any mold found behind baseboards or window framings and sills; and in the master bedroom, very likely rebuilding that entire wall). I approached the Board about this and was advised they would only pay for the cost of paint (not labor) if I could prove I had painted within 2 years of when the damage occurred and that any additional repairs would be at their expense but would be done by the same porter/handyman who made a mess of the plaster job. As I had not had these rooms painted within 2 years of the damage and as I did not want the porter/handyman to do the repairs (who knows what if any qualifications he has!), I was told that was my choice and the Board therefore had no financial responsibility, period.
As the damage came from the outside wall, not from within the unit or due to my fault, I strongly believe the Board does have a financial responsibility to contribute to the additional costs I will have. The Board's position here to me, is like being hit by a car and having that driver tell you they will repair your car but only if you use this one auto shop/mechanic - otherwise, they will pay nothing. I believe the Board is towing this line in the hopes that shareholders will either use the porter/handyman or just pay for it themselves, thus saving the Board any expense. While not on the breadline, I am a retired widow on a fixed income. I am not using the most expensive contractor, but I am not using the cheapest either. Based on what my contractor will charge me, I do believe that anything between $4,500 and $6,000 contributed by the Board would be fair -- to be honest, even $3,500 would be acceptable to me at this point. Do I have a leg to stand on if I go to the Board with this? Are there any laws, regulations, ordinances, etc. that would back me up? I am hoping referencing such in a strongly worded letter from me to the Board would resolve this matter. Or, do you think I need to get a lawyer involved? As I said, I am only looking to have the Board kick in for the extra costs - the repairs need to be done and I deserve to live in comfort and have the quiet enjoyment of my home, so they repairs will be done regardless. I am just looking for the Board to kick in for the extra costs, which I believe is only fair, rather than have to shoulder it all myself.
Thank you in advance for any advice and help offered!