Mark Axinn Featured in the Cooperator News New York Q&A on Window Repairs and Replacements06/07/2022
Cooperative and Condominium Practice head Mark Axinn was featured in the Cooperator News New York's Q&A series discussing who is responsible for window repairs and replacements in proprietary leases.
Mark noted, "Responsibility for repairs is usually contained in the building’s proprietary lease,” says Mark Axinn, chair of the for New York law firm Phillips Nizer. “Most proprietary leases specify that the lessor-apartment corporation is responsible for window repairs, although sashes and frames may be the responsibility of the shareholder-lessee.
“In this case, the management company for the co-op acknowledged its obligation, but is not addressing it in a timely manner. The questioner should write to the corporation putting it on formal notice that the windows in his unit are defective and need replacing before this winter, as the weather conditions along the Hudson affect the habitability of the apartment.
“Additionally, as the property manager is an agent for the board of directors, the questioner may want to raise the issue with a board member directly if the property manager continues to be obstreperous. This can be done informally in person or by email, or formally by a petition signed by at least 25% of the shareholders requesting a special meeting to discuss the issue and to direct the agent to perform the window replacements promptly.”