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Cooperatives and Condominiums
Triable Issue of Fact About Association Liability for Flooding
McDonald v. Whitney Highland Homeowners' Association, Inc.
158 AD3d 1229, 2/9/18
AppDiv, Fourth Dept.
(memorandum opinion)
In unit owner's action against her homeowners' association for flooding caused by negligent maintenance of drainage pipes, unit owner appealed from Supreme Court's grant of summary judgment to the association. The Appellate Division reversed and reinstated the claim, holding that triable issues of fact remained about whether the pipes provided common benefit to multiple units.
Unit owner's unit was flooded during a severe rainstorm. She contends that the flooding was caused by inadequate maintenance of drainage pipes in her townhouse complex. The complex is governed by a homeowners' association, and the complex's declaration of covenants, conditions, and restrictions provides that the association has the duty to maintain pipes that service more than one unit, while the individual owns have the duty to maintain other pipes. The association contends that the offending pipe serviced only one unit, and that the association was not, therefore, responsible for its maintenance. Supreme Court agreed and granted summary judgment to the association.
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