Q: We live in a co-op in Midtown East. In the past few months, the amount of cold water in our shower has decreased. The supervisor had the tiles removed behind the sink to gain access to a water valve, which he said would fix the problem. But now it’s worse – a scalding hot shower or no shower at all – and I’m told the repair would mean breaking and removing the tiles in the shower. But this time we have to pay for the plumbing and tiling. We believe that providing shower water is the responsibility of the building and that the cooperative should bear the cost. What rights do we have in this situation?
A: Cooperative residents are essentially owners and tenants at the same time – they own shares in the company that owns the building, but they rent their apartment from the company.
Usually, the co-op is responsible for maintaining and repairing all things behind the walls (using your monthly maintenance fees, of course), while the shareholder is responsible for everything inside the unit, like paint, tiles, and flooring. In any case, the shareholder still has a legal right to a livable apartment, which also includes the possibility to take a shower.
First read the rental agreement of your cooperative. It sets out which responsibilities lie with the cooperative and which with the shareholders. If repairing the shower is indeed something you are responsible for under the lease, the co-op may charge you for the cost. However, condominium leases cannot replace the residents’ right to reside in a habitable dwelling.
Have a licensed plumber investigate the cause of the problem and see if your neighbors are having the same problem. If it’s not widespread, the co-op’s board of directors could argue that it’s a problem with a showerhead or faucet, which could be your fault, said Debra J. Guzov, a Manhattan real estate attorney. Or if the plumbing needs fixing because a former resident tampered with it, the co-op could hold you accountable.
If so, Ms Guzov said it’s still better to try to work something out with the cooperative than to file a complaint on 311 or hire a lawyer — although those are also options one has. “It’s always best to negotiate a solution with the administration representative,” she said.
Sign up here for weekly email updates on residential real estate news.