is this a board issue?

Why is the 3rd floor owner stalling? That makes no sense.

I don't understand what it means that "3rd floor owner is stalling" ... isn't the 4th floor shower pan leak the responsibility of the 4th floor shareholder?

Did you mean to write "4th floor owner is stalling"?

Sorry, yes, I meant that tht 4th floor is stalling.

in a small townhouse coop, they will fight it out no matter what... let them.

since the ceiling is already off on 3rd floor, i would install some kind of a waterproof barrier to divert the water into a pipe that would connect to a drain. this way, even if there's a leak 10/20 yrs down the line, the 3rd floor would not be affected.

if this was a large building, i would divert the water to the floor below and have them fight it out ;).

It's no a minor leak. When the 4th runs the shower it's like a flood. And, I don't think that the 3rd floor owner would accept that sort of fix. Main question is, is this a board issue or not and if so at what point does the boardd get involved?

It's been going on for several months and the 4th floor was saying that there was no leak and the managing agent brought a plumber in to check it out.

What was the plumber's profession opinion? Was there a flood or not?

Yes, in the professional opinion of the plumber it is a flood. The inspection was last week. Since then the 4th floor says it's looking into it but noone believes it.

the board can give the 4th floor 3 bus days to fix it or they will go in and fix it and charge back.

that usually wakes them up, because the plumber will be more than happy to charge $300 per hr for illegals doing the work.

So the board should take up the issue and interfere to prevent the building's condition from deteriorating.

Textbook board issue. You all own the building together. Leaks affect everyone if allowed to continue unchecked. It is not fair to other shareholders to allow two apartments to make choices regarding common building issues (which would include the framing between floors). The board should require the upper unit to properly waterproof their shower from their own floor. Waterproofing the ceiling from below is not acceptable

Board issue, they are responsible for the overall building that everyone has ownership in. If this board was as strict as some others and truly believed that the 4th floor tenant was not properly maintaining their apartment and was a detriment to the building, they could possibly buy back the shares from the 4th floor tenant at current market price and take back ownership of the apartment.

Target is correct--an ongoing leak can affect the building itself. If this were a large co-op building you can be certain the leak would have been addressed much more quickly. But in a small building with only a handful of shareholders I can see how a pissing match between owners might ensue. Whatever the deal, get it taken care of ASAP. Leaks generally get worse over time, not better.

The shower pan is in the 4th floor unit and belongs to that owner, not inside the walls belonging to the building. The 4th floor owner is rendering the 3rd floor unit uninhabitable by virtue of the leak and mold potential. A simple lawyer letter from 3 to 4 should yield rapid resolution. The board can weigh in, but both owners who are on the board should be excluded from that discussion. There may also be building rules being violated with fines to the 4th floor owner. The cancelling of the proprietary lease for the 4th floor would be the ultimate FU, but is unlikely to happen in a small building.

So what you're saying is that your entire building is made of wood, every time the 4th floor owner takes a shower a flood ensues and water flows into the structural elements, and you're all standing around trying to figure out if the board has the authority to step in?

ummm.....

It sounds like shareholders/board members acting badly while the building rots. Glad we don't live there!

Hey drdrd, What's up with the drama? It's just a leaking old lead pan in a shower. It'a nor like crotch rot.

Anyway, I'd like to thank those for the very thoughful and constructive comments.

ieb, don't know if you are actually the 4th floor unit owner or you are on his side. The matter is not about the defective part was simply a leaking old lead pan in the shower or not. It is about the damage, responsibility, and swiftness of the responses. An unattended leaking pan can still do a lot of damages if not taken care of promptly. Totally don't understand what was your point in your last comment.

im guessing NYCMATT lives on the 4th floor.

The building is well maintained and is not rotting. What is called a townhouse is usually a row house as ous is. A true townhouse is either at the end of series of row houses or is stand alone, not abutting another structure. Ours then is a rowhouse, just to be clear about it. These were built in the late 19th century and there is only the fooring material between each floor that is wood. All side and front and back walls are all brick and stone with steel supports and the entire basement level is cement.

So, although the issue is serious the building is quite secure.

Also, I am neither the 4th or 3rd floor owner. Just looking for some outside opinions and got what I was looking for.

you say a pro plumber described a "flood".

best you get this fixed, drama or not.