#368-O, Spears v. Kenwood House, Inc. (October 1, 1998) (Panel: Bromberg, Gaffigan, Murphy)

The condominium owner (CO) complained that the condominium association (CA) failed to stop the noise coming into his unit from the CA's elevators next to his unit.  He claimed the noise had become worse since he first began living in the building.

The evidence at the hearing showed that the CA had hired consultants to examine the elevators and make recommendations to reduce the noise they created.  At least one consultant recommended replacement of the elevators, but another consultant concluded that they were operating properly, and that the noise was not noticeable.    The CA had a program of regular elevator maintenance and had made several of the recommended repairs.  Other residents of the building whose units were next to the elevator shaft testified that the noise from the elevators was not excessive or annoying.  The CA also had planned major upgrades to the elevator system in 2 years' time.

The hearing panel concluded that the board's actions and decisions concerning the maintenance of the elevator system was within the board's "business judgment" and therefore, in the absence of bad faith, conflict of interest, self-dealing or other breach of fiduciary duty, must be upheld.  The panel denied the relief requested by the CO.