Legal Question in Real Estate Law in New York

Re: mold growing

Maybe. Maybe not. It depends on the facts. It depends on whether the pipe in question is deemed a "common element," "limited common element," or part of the unit. IN the first case, the condo as a whole is responsible to you. IN the last case, only the unit owner is on the hook. IN the middle case, it depends on how the condo papers are written. In any case, it depends on how and why the pipe broke. Was the unit owner doing construction work that went bad? Was there a failure to maintain? Et c.

CHECK YOUR INSURANCE. It probably contains a categorical mold exclusion, and if that's true, you have no "first party" coverage. You instead have a lawsuit against either the condo or the neighbor.

You need to engage counsel. Someone who knows a thing or twenty about mold.

Count yourself lucky that the cost of remediation is estimated at only $8K. You need to get the mold fixed and the neigbor or the condo needs to fix the pipe. I would not be frightened about mold on a railing, but I would be very afraid of mold growing on sheetrock, or anything else with paper or wood, because wet cellulose can support the growth of Stachybotris. Is you have an outbreak of Stachybotris ANYWHERE IN THE BUILDING your entire investment may very well go right down the drain. So, you need to get this fixed. And sue the stuffing out of somebody who either has assets or insurance.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Re: mold growing

I concur with Kevin. You have to determine what caused the pipe to break and who is responsible, the Condo Association or the neighbor. You also have to check your homeowners policy to see if you have mold remediation coverage. Most insurers have limited this coverage, but you should have some protection. If you have coverage, be sure to tell your insurer the cause and who might be responsible, so they can make a subrogation claim against the responsible party. If you have no coverage, you will need to sue either or both of the Association and the neighbor. Good Luck.

Re: mold growing

Both, the owner/manager/sponsor/agent of the entire building structure and the owner of the 3rd floor condo, may be sued and held liable for the damage and repair to your unit, due the burst water pipes.

So,... you may (or can have your attorney; or insurance adjuster or agent) file a claim with both of their insurance carriers directly, and file with Yours.

Your insurance company will propably file suit (or you can) file suit against one or both parties, to recoup their payments to you. The Court will then decide how the liability for the damage and repair to your condo will allocated by the insurance underwriters and the parties.

Good luck,

Phroska L. McAlister,ESQ