By: Brian Brenner
The condominium form of ownership has been in existence for over
forty years. Yet, areas of law regarding the condominium form
of ownership remain unsettled, particularly the area of individual
unit owner liability stemming from the common elements. States
have taken various approaches when dealing with this issue.
Some states have chosen to insulate individual unit owners from
liability, while others have imposed liability on a pro rata
basis. The New York legislature, however, has chosen to remain
silent on the issue.
This recent development analyzes the New York Supreme Court
Appellate Division’s ruling in Pekelnaya v. Allyn, which
insulated individual unit owners from liability stemming from the
common elements. While adding more certainty to the law of
condominium liability the possibility remains that the court may
impose liability on individual unit owners in a different
situation, if each is in a different legal position. The
court, in its reluctance to impose liability on the individual unit
owners, noted that this area of law would be best left for the New
York legislature to address. This recent development further
discusses the various possibilities the New York legislature may
take, either insulating individual unit owners from liability or
imposing liability on a pro rata basis, and proposes a recommended
course the New York legislature should take in addressing this
issue.