The purpose of this memo is to provide Shareholders some clarity as to the responsibility for certain repairs in apartments.
Section 18 (a) of the Proprietary Lease states in relevant part the following:
“The Lessee shall keep the interior of the apartment (including interior walls, floors and ceilings, but excluding windows, window panes, window frames, sashes, sills, entrance and terrace floors, frames and saddles) in good repair, shall do all of the painting and decorating required for his apartment, including the interior of window frames, sashes and sills and shall be solely responsible for the maintenance, repair and replacement of plumbing, gas and heating fixtures and equipment and such refrigerators, dishwashers, removable and through-the-wall air conditioner, washing machines, ranges and other appliances, as may be in the apartment. Plumbing, gas and heating fixtures as used herein shall include exposed gas, steam and water pipes attached to fixtures, appliance and equipment and the fixtures, appliances and equipment to which they are attached, and any special pipes or equipment which the Lessee may install with I the wall or ceiling, or under the floor, but shall not include gas, steam, water or other pipes or conduits within the walls, ceiling or floors or air conditioning or heating equipment which is part of the standard building equipment. The Lessee shall be solely responsible for the maintenance, repair and replacement of all lighting and electrical fixtures, appliance, and equipment, and all meters, fuse boxes or circuit breakers and electrical wiring and conduits from the junction box at the riser into and through the Lessee’s apartment. Any ventilator or air conditioning device which shall be visible from the outside of the building shall at all times be painted by the Lessee in a standard color which the Lessor may select for the building.”
Here, anything other than the original walls, floors, or ceiling is damaged due to a leak or other event, or during the course of locating and repairing a condition, the repair of those items, including but not limited to floor finishes, paint, tile, and built-in cabinetry, is the responsibility of the Shareholder. It is for this reason that we strongly recommend that Shareholders 1) maintain homeowner’s insurance and 2) notify the respective carrier immediately about the possible claim when damage occurs. The Building is simply not in a position to financially assume
the damage caused within a Shareholder’s apartment, other than what is prescribed under the Proprietary Lease.
It is our hope that this memo provides some answers to the questions raised recently to the Board regarding Shareholder repairs.