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Can the building force me to remove asbestos?

Started by FireDragon
over 8 years ago
Posts: 110
Member since: May 2009
Discussion about
We're in the middle of a gut renovation, and demo has revealed some steam heat riser pipes that are wrapped in asbestos. They are not being disturbed at all and will be enclosed. Our ACP-5 form, done before the demo, had stated "assumed asbestos in pipe wrapping, will not disturb". The building architect, upon a field visit requested by the building, had written "The architect should advise the building with regard to any requirements for abatement or removal". We will respond to say that it's undisturbed and will be enclosed. We won't remove it. But can the building force us to remove it? I really don't want to spread it all around when it's perfectly undisturbed. Is there any law on this topic?
Response by semerun
over 8 years ago
Posts: 571
Member since: Feb 2008

Co-ops and Condos rely on the Business Judgement rule - typically upheld in the courts. If they want you to remove asbestos, then they can require it based on this rule. If they require it, and you don't want to abide by their ruling- best to speak to a real estate attorney.

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