CT: Coop charging for water leakage repairs? legaladvice

I am a shareholder in a coop building (I "own" my unit). Recently, it was discovered that the cinder block wall between the common corridor and my unit had water damage due to leakage from my bathroom (it's next to the shower). Now the coop manager wants me to pay for both replacing the grouting in my shower and the damaged corridor wall. I am wondering if I can avoid any of these charges. Some further facts:

• It was not at all obvious that the shower was leaking. All the tiles are in place, the grouting looks sealed. Maintenance had to knock all over the wall to (apparently) find a place where it sounded hollow. (I'm not sure how this works.)

• Maintenance stripped the corridor wallpaper and plaster before they told me I'd be paying for it.

• The manager has pulled this kind of thing before, trying to make me pay for a pipe leak that was inside the walls, when the lease explicitly says pipes inside walls were not the lessee's responsibility.

Relevant passages from the lease:

(2.) The Lessor shall at its expense keep the building in good repair, including all of the apartments, the sidewalks and courts surrounding the same, and its equipment and apparatus except those portions the maintenance and repair of which are expressly stated to be the responsibility of the Lessee pursuant to Paragraph 18 hereof.

(4. a.) If the apartment or the means of access thereto or the building shall be damaged by fire or other cause covered by multiperil policies commonly carried by cooperative corporations (any other damage to be repaired by Lessor or Lessee pursuant to Paragraphs 2 [] and 18, as the case may be), the Lessor shall at its own cost and expense, with reasonable dispatch after receipt of notice of said damages, repair or replace or cause to be repaired or replaced with materials of a kind and quality then customary in buildings of the type of the building, the building, the apartment, and the means of access thereto, including the walls, floors, ceilings, pipes, wirings and conduits in the apartment. Anything in this Paragraph or Paragraph 2 to the contrary notwithstanding, Lessor shall not be required to repair or replace, or cause to be replaced, equipment, fixtures, furniture, furnishings or decorations installed by the Lessee or any of this predecessors in interest nor shall the Lessor be obliged to repaint or replace wallpaper or other decorations in the Apartment or to finish floors located therein.

(18. a.) The Lessee shall take possession of the apartment and its appurtenances and fixtures "as is" as of the commencement of the term hereof. Subject to the provisions of Paragraph 4 above, 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 doors, frames and saddles) in good repair, shall do all of the painting and decorating required to 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 conditioners, 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, appliances and equipment and the fixtures, appliances and equipment to which they are attached, and any special pipes or equipment which the Lessee may install within the wall or ceiling, or under the floor, but shall not include gas, steam, water or other pipes or conduits within the walls, ceilings 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, appliances, 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. Lessee shall be solely reponsible for the maintenance, repair and replacement of doors leading from the apartment to any maid's room, penthouse, terrace or balcony or any solarium.

Any thoughts would be much appreciated!

Submitted February 20, 2016 at 12:29AM by idratherbethrowaway http://ift.tt/24fczZk legaladvice