November 18, 2005
Appellate Court Nixes Condo Unit Owner Liability for Common Area Claims
From Hollander and Company, LLC's "From Bricks to Clicks" blog comes the following case: Pekelnaya v Allyn [opinion]
In a decision to be published in the case of Pekelnaya v. Allyn, the Appellate Division of NY's First Department will hold that individual condominium unit owners cannot be held liable for claims based upon traditional condominium board responsibilities simply because condo unit ownership includes record ownership of a small percentage interest in the building's common elements.
Rejecting a personal injury plaintiff's claim that unit owners exercise control over common elements, simply due to their ownership interest, the Court held that
"The failure of the Legislature to provide for liability in the absence of control by condominium unit owners over the maintenance and repair of the common elements precludes the courts from imposing responsibility by implication,".
Posted by joewest at 10:32 AM