Page 7 - CooperatorNews NY March 2021

COOPERATORNEWS.COM COOPERATORNEWS — MARCH 2021 7 QUESTIONS & ANSWERS Legal Q A& A Room Without a View Q I live on a second floor of a co-op condo. We would like to replace the current front win- dows with impact windows. The current old windows have a metal criss-cross ‘ca- thedral’ type design, and we would like to eliminate it. It looks old, it’s more ex- pensive and difficult to keep clean, and we would like something more modern. The president of the board told us that it can’t be done the way we want it, but there is nothing written down in our rules and regulations about changing windows. Can we go ahead and update the windows in our unit? —Wanting New Windows A “Before undertaking to replace the exterior win- dows,” says Slava Hazin, partner at New York law firm Warshaw Burstein, “you should review not only the rules and regulations, but also the propri- etary lease (if you live in a cooperative), or the bylaws and declaration (if you live in a condominium). Those documents should set forth who is responsible for replacing the building’s windows. You should also check to see if your building has been designated as a landmark. If so, the exterior windows cannot be altered without first going through and obtaining the permission of the Landmarks Preser- vation Commission. “Whether you live in a cooperative or a condominium, to replace the exterior windows, you will need to request and obtain board approval, and it appears that if a formal application were made, it would be denied. The board’s decision would be protected by the Business Judg- ment Rule, because replacing the exterior windows would drastically change the look and feel and esthetic of the building and its facade. There are also serious li- ability and insurance issues to consider. What if the windows are not properly installed and someone gets injured as a result? What if they leak? Would the new windows be covered by your homeowners policy or the building’s liability policy? For all of these reasons, I would strongly caution you not to replace the windows.” Shared Sewer Line Q I live in a condominium that adjacent condominium has to use the consists of seven individual pipe, if any.” buildings all three- to four- family that is co-joined by another con- dominium on the same block. We are sharing a private sewer line with one connection out to the city sewer; the main sewer lines are all in the backyard of the condominium buildings, which makes it very hard to break away and join into the city individually. The question is: who is responsi- ble when there is a major break in the main sewer line in the back of one of the houses? It happens that where the sewer broke is not really suffering from the problem since their backup is only pulling out sewer water to other proper- ties, and both condominiums are point- ing fingers on who has responsibility to pay for the repair, which is major. So far there was no agreement between the two condominiums on this shared common line. Please advise on how to go about this to get this the most legal and profes- sional way. —Non-Professional Board Member of Self-Managed Condo A “There appear to be two intertwined questions with respect to this waste pipe,” says attorney Marc Luxemburg of the New York City firm of Gallet Dreyer Berkey, “(1) within the condominium complex, which of the units or unit own- ers are responsible; and (2) between this condominium and the adjacent condo- minium sharing use of the pipe who is responsible. “With respect to the internal issue, the pipe would appear to be a common element, which typically would be the responsibility of the board of manag- ers as a common expense; however, the document that should provide a defini- tive answer would be the declaration and the bylaws of the condominium. “With respect to the adjacent con- dominium, there should have been an agreement between the parties that spells out the responsibility. One possi- bility is that there would be an easement agreement filed with the city at the time the two condominiums began to share the usage; alternatively, there may have been a homeowners association created to manage joint issues between the two properties. If there are no such docu- ments, research would have to be done to see how and when the common usage came into being, to see what rights the continued on page 7 “FirstService Residential has been our managing agent for decades. The knowledge and experience each individual brings to the table is priceless. Whether finance, day-to-day problems, or getting through a big capital project, the team shows up with great ideas, information and solutions. Our managing agent’s leadership, coupled with the rest of our FirstService Residential team, makes our staff and our board function better. I can’t say enough about being under the FirstService Residential umbrella.” >> Board President, The Fairmont www.fsresidential.com/new-york LetsTalk.NY@fsresidential.com 212.324.9944 New York’s Property Management Leader Making a Difference. Every Day. continued on page 18