Q I live on the top floor of a co-op. I recently reported a ceiling leak. Then there was a larger roof leak and it damaged my TV. The board says I am responsible for all damages within my apartment, including the TV. Fixing roof leaks is the building’s responsibility, and I reported the problem, so is this correct?
A Andrew Berkman, a Manhattan co-op and condo lawyer, said that under most proprietary leases, the co-op is responsible for structural elements, including the roof, of the building. Therefore, and particularly because the writer reported the problem, the leak and the damage it caused should be the responsibility of the co-op. Mr. Berkman suggested that the writer report the damage to his or her insurance company, providing a copy of the notice to the managing agent, and request that the agent forward the claim to the co-op’s insurance carrier.
A Bank Loan for Capital Repairs
Q Can a condominium association get a bank loan for capital repairs? I read that this was possible in Connecticut, but is it in New York as well?
A Steve Troup, a Manhattan co-op and condominium lawyer, says a condo in New York State is able to borrow money from a bank or other lender if its bylaws so provide. “If permissible,” he said, “the bylaws will provide whether the board has the power to do this alone, or whether unit owner approval is required.” If approval is required, the bylaws will indicate whether a simple majority will suffice, or a “supermajority” of two-thirds or three-quarters of the vote is required.
Lender Says No to Co-op Sublet
Tags: New York Lawyer

