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Old 10-06-2017, 01:55 PM
 
15,592 posts, read 15,655,549 times
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I was thinking about this and belatedly realized that it's very similar to something that happened to me. The difference is that mine is a co-op, and the definition of property may differ slightly. For co-ops, you would not be responsible, because the cause is not inside your apartment.

Anyway, what I'd do is write Downstairs Neighbor a nice note, saying you've been conscientious, had in an expert, who cleared you, and that theoretically the onus is on the DN, but that you're willing to split the cost of having a person check into the DN's ceiling. Then offer to use your own guy, and explain the situation. He'll be more likely to support you.
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Old 10-07-2017, 12:37 PM
 
6,139 posts, read 4,504,012 times
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Quote:
Originally Posted by Cida View Post
I was thinking about this and belatedly realized that it's very similar to something that happened to me. The difference is that mine is a co-op, and the definition of property may differ slightly. For co-ops, you would not be responsible, because the cause is not inside your apartment.

Anyway, what I'd do is write Downstairs Neighbor a nice note, saying you've been conscientious, had in an expert, who cleared you, and that theoretically the onus is on the DN, but that you're willing to split the cost of having a person check into the DN's ceiling. Then offer to use your own guy, and explain the situation. He'll be more likely to support you.
the Mitchell-Lama CO-OP conversion I used to live in wrote it into their black book that shareholders were responsible for everything, including under the floor and behind the walls. So you really have to read your by-laws.
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Old 10-09-2017, 07:40 AM
 
Location: Manhattan
25,368 posts, read 37,060,391 times
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Originally Posted by NYC refugee View Post
the Mitchell-Lama CO-OP conversion I used to live in wrote it into their black book that shareholders were responsible for everything, including under the floor and behind the walls. So you really have to read your by-laws.


That doesn't necessarily hold in a court of law. <Crummy management companies like to devoid themselves of any responsibility for ANYTHING.>
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Old 11-01-2017, 08:29 AM
 
3 posts, read 5,724 times
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Hey Everyone, thanks for responding. According to the HOA and the bylaws ... I am 100% responsible for the repairs and any damage to the other unit. The bylaws clearly state:

"for two years from the effective date of this warranty, the plumbing, heating, cooling, ductwork and ventilation systems of the home which have been installed by the seller are warranted to be free from latent defects resulting from defective installation by the seller"

Also, the owner of the unit underneath me stated that it only happens when it's really humid...
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