My question involves real estate located in the State of: New York
I've read through a couple of threads on here related to this topic, but none are a good proxy for my situation.
This is the standard -- unit below has water leak, disagreement between me and building management around responsibilities. According to bylaws:
Now it seems pretty cut and dry to me from this that I'm not responsible, since the leaks are both not due to my omissions nor caused by exposed plumbing in my bathroom. In fact, our building management visited my apartment while I was at work to confirm this.Article 5 Section 1:
"all painting, decorating, maintenance, repairs...in or to any Unit...including but not limited to, the interior walls, partitions, ceilings and floors in the Unit, kitchen and bathroom fixtures and appliances, window panes, fireplace, all entrance doors and their frames and saddles, exposed plumbing, gas and heating fixtures and equipment, air conditioning units, lighting and electrical fixtures...shall be performed by the owner of such Unit as such Unit Owner's sole cost and expense..."
"...all painting, decorating, maintenance, repairs... in or to the Limited Residential Common Elements shall be performed (a) by the Condominium Board as a Residential Common Expense, if involving structural or extraordinary maintenance, repairs, or replacements (including, but not limited to, the repair of any leaks that are not caused by the acts or omissions of the Residential Unit Owner having direct and exclusive access thereto)... "
Here's where it gets complicated: after visiting my apartment and opening up the ceiling of the floor below me, building management claims that my shower pan is the problem. They also hired plumbers to perform a test in my apt to confirm their theory. Two questions:
1. How can they know it's the shower-pan that's the issue?
2. Even if it is the shower-pan, is that my responsibility?
As far as I'm concerned the shower pan is in the walls, and not visible to me. This is evidenced by the fact that we'd have to open up my floor in order to repair it. When I cited these concerns with the quoted bylaws to building management, they simply went to their legal reps and sent me this letter:
They sent me back the exact same bylaws I quoted to them, which makes no mention of a shower pan at all, afraid to reply without some better legal advice now that they've involved lawyers. What should I do?Dear ____:
This firm represents _______
It is out understanding that you have questioned your responsibility to repair and/or replace, as necessary, the shower pan in the bathroom in your apartment. As you are aware, _____ plumbing has determined that the shower pan is causing a water leak into apartment _____
According to the Condominium's bylaws, including without limitation, Section 5.1(A)(i), the repair and replacement of a shower pan is the responsibility of the unit owner. Therefore, as the owner of _____, you are required to repair and/or replace the shower pan at your cost and expenses.
We trust that you will proceed accordingly (subject to all requirements of the Condominium)
Very truly yours,
______
--Dave

