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Co-ops and Condominiums
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Bacharach v. Board of Managers 2024 WL 1161196 AppDiv, First Dept. (memorandum opinion)
In a unit owners' action against a condominium board for breach of the declaration, bylaws and rules, and for private nuisance against an upstairs neighbor, the condominium board appealed from Supreme Court's denial of its motion to dismiss. The Appellate Division affirmed, holding that neither the business judgment rule nor the condominium bylaws required dismissal of the claim.
Unit owners complained to the condominium board when their upstairs neighbor installed new flooring without the board's approval and without adequate soundproofing and carpeting. Unit owners contend that the new flooring caused them to suffer unbearable noise, and that the board had taken no action despite repeated requests that the board inspect the upstairs apartment. Supreme Court denied the board's motion to dismiss.
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