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Is it legal to break a ceiling in my apartment if the upstairs neighbors have leaky jacuzzi

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amber10755

New member
We have a coop apartment and people above us have a jacuzzi which sometimes leaks. It was installed without a board permission.The apartment was sold recently and the new owner said that he doesn't want to break a new nice bathroom to look for the leaks and wants to break out ceiling in the bathroom instead. He says that it is probably not his jacuzzi but something else, although the leaks starting after installing the jacuzzi. The coop board wants to break our ceiling but instead of using a professional repairman, the member of the board wants to do it himself. My question is if it is legal and what can we do in our situation. Thank you
 


justalayman

Senior Member
What do the coop rules state regarding a non professional contractor doing work in the coop units?

Given this is a coop and not a condo, the rules of what the coop board can do to search for the leak will not be the same. Again, refer to the coop rules to determine if it is within the rights of the coop board to act as they intend.

Has the board granted retroactive permission to install the whirlpool tub (while it may actually be a jacuzzi, jacuzzi is but one manufacturer of whirlpool tubs and not a proper term/name to use when it is not in fact a jacuzzi brand tub)
 

amber10755

New member
What do the coop rules state regarding a non professional contractor doing work in the coop units?

Given this is a coop and not a condo, the rules of what the coop board can do to search for the leak will not be the same. Again, refer to the coop rules to determine if it is within the rights of the coop board to act as they intend.
Thank you. Another question is why they have to go through our ceiling and not to look for the leak in their bathroom? It is not our fault they have a jacuzzi. Our coop is built before 1920 and the pipes are old, the jacuzzi wasn't suppose to be installed.
 

justalayman

Senior Member
First you need to understand that your rights are different in a co-op compared to a condo. With a condo, a specific unit is transferred via deed to subsequent owners. With a co-op, you own interest in the entire building with rights as afforded by your contract. In effect, you are a tenant with the co-op being your landlord. You own interest in the co-op entity.

Due to that, what the landlord/co-op board can do is not based on your ownership rights of your unit (although even in a condo the board may have a similar right to demo your ceiling to investigate the issue. Even with a condo it could be based on the condo rules in place) because you do not own your unit. You live there based on a contractual right based on your shareholder interest held in the co-op entity.

So, what is fair matters less than what rights the co-op board has as provedided in the co-op rules.


In a realistic view of the issue, it may be easier to find the leak by opening your ceiling. It generally affords a better view of where a leak is originating than guessing and tearing apart a bathroom only to realize you need to demo more to follow the water back to its source.

Then, in a cost versus benefits basis (you need to look at your rules as to why this reslly is beneficial to you to as it is likely a cost born by the board and charged against the cumulative co-op fees) it is likely less expensive to open and then repair your ceiling than to tear apart the involved bathroom. In short: bathrooms are expensive rooms to rebuild. Ceilings are about as inexpensive as you can get unless it is some extravagant style.
 

amber10755

New member
First you need to understand that your rights are different in a co-op compared to a condo. With a condo, a specific unit is transferred via deed to subsequent owners. With a co-op, you own interest in the entire building with rights as afforded by your contract. In effect, you are a tenant with the co-op being your landlord. You own interest in the co-op entity.

Due to that, what the landlord/co-op board can do is not based on your ownership rights of your unit (although even in a condo the board may have a similar right to demo your ceiling to investigate the issue. Even with a condo it could be based on the condo rules in place) because you do not own your unit. You live there based on a contractual right based on your shareholder interest held in the co-op entity.

So, what is fair matters less than what rights the co-op board has as provedided in the co-op rules.


In a realistic view of the issue, it may be easier to find the leak by opening your ceiling. It generally affords a better view of where a leak is originating than guessing and tearing apart a bathroom only to realize you need to demo more to follow the water back to its source.

Then, in a cost versus benefits basis (you need to look at your rules as to why this reslly is beneficial to you to as it is likely a cost born by the board and charged against the cumulative co-op fees) it is likely less expensive to open and then repair your ceiling than to tear apart the involved bathroom. In short: bathrooms are expensive rooms to rebuild. Ceilings are about as inexpensive as you can get unless it is some extravagant style.
Thank you, it helped a lot.
 

festival

Member
The general advice for a coop is that they should hire licensed and insured contractors. You might bring this up to the board and ask why they are putting you and the coop at risk.

If you read your governing documents and proprietary lease, you will most likely find the coop has a right to enter your unit to do this type of maintenance, and also that they must repair your ceiling when done.

The repair through the ceiling is reasonable, since it is often less work.

From your point of view, it is good to stop the leaks and prevent mold from forming.

You could refuse entry until they get a licensed contractor.

The coop should hire someone who has experience finding leaks using a moisture meter, a thermal camera, and/or a small inspection camera that can be inserted into a small hole in the ceiling. Inspection cameras that hook up to a laptop or smart phone only cost $20 - $40 or higher for professional equipment.
 

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