Levandusky v. One Fifth Avenue Apartment Corp

In Levandusky v. One Fifth Avenue Apartment Corp., 75 NY2d 530 (1990) the plaintiff performed alterations to his apartment including moving a steam riser. Although the cooperative's engineer was of the opinion that moving a riser was technically feasible, he advised against it. The board then refused to permit Levandusky to move the riser and Levandusky, who had already performed the work, challenged the board's decision. The Courts stated: ...the cooperative or condominium association is a quasi-government.... The proprietary lessees or condominium owners consent to be governed, in certain respects, by the decisions of a board. Like municipal government, such governing boards are responsible for running the day-to-day affairs of the cooperative and to that end, often have broad powers in areas that range from decision making to promulgating regulations regarding pets and parking spaces.... Authority to approve or disapprove structural alterations, as in this case, is commonly given to the governing board (Levandusky, 554 NYS2d at 810).