New York courts hold that repairs to the interior of residential apartments,  or to the commercial space of a building, and to all plumbing therein, whether it be a condominium unit or a  cooperative apartment, are the responsibility of the individual apartment unit owner or commercial unit owner, as the case may be. See, e.g., Davis v. Prestige Management Inc., 98 AD3d 909, 951 NYS2d 147  (1st Dept. 2012) (Held: “the condominium’s bylaws provide that repairs and replacements to the units are the responsibility of the unit owners”).

The condominium unit owner’s or cooperative shareholder’s specific repair obligations are respectively set forth in the condominium’s declaration and by-laws or in the cooperative’s offering plan, proprietary lease, and by-laws. See, e.g., Lorne v. 50 Madison Avenue LLC, 65 AD3d 879, 886 NYS2d 1 (1st Dept. 2009) (Held: “It was not unreasonable for the board to require plaintiffs to adhere to the same rules that apply to all other unit owners wishing to make structural repairs.”).

The Attorney’s Role