A high-rise residential condominium community is a creature of statute, characterized by many unique features that both govern day-to-day affairs, on the one hand, while leading to disputes and litigation, on the other. So-called “common elements” are the responsibility of the board of managers to maintain and repair. But, as a recent case involving an improperly-pitched/leak-causing pipe between to units demonstrates, what constitutes a “common element” is often a controverted question of fact.
Lisa Goldberg sued the Madison Square Condominium and George Higgins for breach of fiduciary duty, negligence and trespass as a result of recurring leaks in her apartment. The leaks came from the apartment above, which was owned by board member Higgins and Ali Reza Momtaz. Supreme Court granted a motion to dismiss various claims in the complaint. Goldberg appealed.Continue reading