Condo Unit Owner Can't Sue for Breach of Covenant of Quiet Enjoyment

A condominium unit owner sued the building owner, homeowners association, and the building's board of managers for damages based on negligence, breach of fiduciary duty, breach of quiet enjoyment, and private nuisance. The unit owner claimed that a pipe burst in a common area crawl space beneath her unit and that black mold then developed, damaging the unit. The building defendants asked the court to dismiss the owner's claims without a trial. The court ruled for them in part. A trial was needed to determine whether the building was negligent as the defendants admittedly had a duty to maintain and repair the common areas. But there was no gross negligence since there was no showing of reckless disregard. There was no breach of fiduciary duty as defendants made good-faith repair efforts. The condo unit owner wasn't a tenant, so she couldn't sue the building for breach of the covenant of quiet enjoyment. And there was no proof of nuisance since the building promptly made repairs and the owner showed no substantial interference with her property rights.

Pedalino v. Woodhill Green Condominium, Inc.: Index No. 8588/2009, NYLJ No. 1202593157528 (Sup. Ct. Dutchess; 2/15/13; Pagones, J)