Dennis Greenstein Quoted in The Cooperator - The Co-op & Condo Monthly
"Board Negligence on Leak"

Dennis Greenstein was quoted in the February 2009 edition of The Cooperator - The Co-op & Condo Monthly in the Q&A column, "Board Negligence on Leak." The letter writer resides in a co-op apartment and for one year incurred damages to the bathroom and kitchen ceilings from a washing machine above. The damages allegedly came from a negligent tenant of the shareholder. Despite notifying the co-op board each time, nothing was done to rectify the situation. The letter writer was considering suing the shareholder for the damages, and wanted to know, if under the proprietary lease the co-op board can also be held responsible.

According to Dennis, "The board has an obligation to require a shareholder who is causing damages whether to the building or other apartments to abate and repair the condition." He continued, "Since the board had notice of the leaks and failed to take the necessary action, the board may be found to have been negligent and in breach of its fiduciary obligations." Dennis concluded that "The letter writer may have a claim against the corporation for a breach of the warranty of habitability which if successful could result in an abatement of a portion of the maintenance until the problem has been cured."