Condo Board Responsible for Roof Leaks

Condominium unit owner complained to the building's board of managers that leaks from a skylight in his top-floor unit were causing damage. When the board failed to respond, unit owner told the board he would have the skylight fixed. The board told unit owner to refrain from doing so and that the problem would get fixed correctly as soon as possible. But no repairs were made for over a year, and unit owner then sued the board for damage to his personal property. The court ruled for unit owner. The building's bylaws required the board to make all repairs to the common elements of the building, including the roof that had caused the skylight leak. And even if unit owner's apartment renovations somehow contributed to the leak, the board specifically told unit owner not to fix the roof or skylight on his own.

Gordon v. Board of Managers: Index No. 107817/2011, NYLJ No. 1202562922911 (Sup. Ct. NY; 6/29/12; Hagler, J)