Damage in cooperative unit

[rodmoulds]

What is the name of your state? Maryland

I have a unit in a cooperative with extensive water damage to the plaster and an incipient mold problem. These problems began over two years ago, immediately after I began leasing the unit. The Board of Directors of the cooperative is dragging its feet about correcting the problem, even though it has been given access and has conducted several "investigations." Are cooperatives covered under landlord/tenant law? What can I do to accelerate the repairs? I would like to sell my shares in the cooperative, but I cannot do so while my unit is in such a serious state of disrepair.

 

[JETX]

Are cooperatives covered under landlord/tenant law?

Only if they are the landlord... and you are the tenant.

What can I do to accelerate the repairs?

And since you have not provided ANY information as to the cause, source or specific timetable to this problem.... you can pretty much do the repairs yourself.

I would like to sell my shares in the cooperative, but I cannot do so while my unit is in such a serious state of disrepair.

Even more reason to do the repairs yourself.

 

[rodmoulds]

Maryland

I'm not sure this reply was exactly helpful, but thanks anyway. As I understand cooperatives, as a member you don't own the unit, but lease the unit from the corporation/cooperative, in which you own shares. This to me would indicate that landlord/tenant laws would apply.

As to the cause of the damage, it is due to the state of disrepair in the roof and the exterior walls of the building, which by the by-laws of the cooperative are the responsibility of the cooperative. Whether or not it would be faster for me to do the repairs myself, it seems to me that the corporation is responsible and thus has an obligation to effect repairs in a timely fashion, i.e., within 30 days. I apologize for not being more clear on that.

 

[JETX]

I'm not sure this reply was exactly helpful, but thanks anyway.

You're welcome

As I understand cooperatives, as a member you don't own the unit, but lease the unit from the corporation/cooperative, in which you own shares. This to me would indicate that landlord/tenant laws would apply.

Not necessarily... and why my answer was as it was:
A 'Cooperative (Co-Op)' is usually a corporation that holds title to all of the units and the common areas. By lease or other form of contract, individuals receive shares in the Co-Op entitling them to exclusive rights of occupancy of a particular unit through a device of an associated long term "proprietary" lease. Technically, individual purchasers do not have ownership of a unit, only ownership of shares entitling them to exclusive possession of that unit. Each unit is allocated a percentage interest in the corporation and receives a number of shares which is often based on the size of the unit being "purchased." Smaller units have fewer shares than larger units. Assessments are made on a per share basis, therefore the smaller units pay less than larger ones.

As to the cause of the damage, it is due to the state of disrepair in the roof and the exterior walls of the building, which by the by-laws of the cooperative are the responsibility of the cooperative.

Then, you would have to sue the co-op board for their negligence in maintaining the unit.. if appropriate.

Whether or not it would be faster for me to do the repairs myself, it seems to me that the corporation is responsible and thus has an obligation to effect repairs in a timely fashion, i.e., within 30 days. I apologize for not being more clear on that.

Then again, fix it yourself and then pursue the owners for your 'damages'.