Waterproofing Issues Galore
I own a unit on the top floor in a co-op and I’ve had issues with the leaking roof for the entire 7 years I’ve owned it. They’ve done several patch jobs but the problem remains and gets persistently worse with each heavy rain storm. Part of my ceiling has collapsed (twice!) once in the…
I own a unit on the top floor in a co-op and I’ve had issues with the leaking roof for the entire 7 years I’ve owned it. They’ve done several patch jobs but the problem remains and gets persistently worse with each heavy rain storm. Part of my ceiling has collapsed (twice!) once in the living room and the other in the bedroom. With the last heavy rain storm, water was leaking through the lighting fixture in the kitchen and the cable wiring in the living room! I’ve been quite patient with them because “they are working on it trying to find the source of the leaks†and I have indeed heard and seen roofers on the roof, pretty much every summer. However, the problem still remains. I am now trying to buy a condo and feel that my hands are tied because I will have a very hard time selling my co-op with the waterproofing issues. The building allows unrestricted renting but I’d be hesitant to put a tenant in the apartment with the issues. God forbid the ceiling collapses again and on their head! I would like to threaten to withhold my maintenance until they have completely fixed the issues but I’m not sure that would fly legally. Other than the leaks, the apartment is in pristine condition (new kitchen, updated bathroom, oak hardwood floors, etc). Any advice on what I can do (other than the obvious, “fix up the ceiling like nothing is wrong and only show it when it’s not rainingâ€- which is probably illegal anyway)?
Thanks in advance!
I should also add that any potential buyers of your unit will be able to examine the board minutes relating to this problem. I faced a similar problem when selling my co-op. Didn’t tell the prospective buyer about conflicts with the upstairs neighbors, but my written complaints to the Board were on file and available for review.
I’m not an expert in this law but I was told this when selling — NY State is a caveat emptor state so you don’t have to disclose everything to the buyer up front but if they ask specific questions you have to tell them. There was a lawsuit over leaking/flooding issues that had been hidden by a broker in Brooklyn (who showed the place only on non-rainy days) so I’d be careful. For the buyer to successfully sue you later they’d have to prove you knew about the issue. Evidence of newer patches all over the roof may serve as proof of that. And if there was any discussion of the leaking recorded in co-op meeting minutes that’s proof you knew of it and in which case you definitely need to disclose the issue up front.
I think your problem is with the co-op building and board. Patching is not the answer any more. The reason leaks keep happening is because the roof is old and NEW leaks are constantly forming. If that roof was already old and leaking 7 years ago it clearly means the building needs a whole new roof. In our old co-op building we all had to contribute towards replacing the roof at one point. Renovations and updating are a part of ownership in any kind of residential property and sorry, they need to just deal with that fact.
Based on your post, you’ve been more than patient, and you probably should withhold your maintenance based on a warranty of habitability claim. I would consult an attorney before doing this.
Water is notoriously sneaky. A friend of mine had a similar problem & hosed his roof in various spots w/ colored water – dye added to a fertilizer attachment on the hose. He eventually found where the problem was.