Baldwin v. Village Walk Condo., Inc., No. FSTCV085007925S, Conn. Super. Ct., Nov. 19, 2010.
A Connecticut condo owner recently sued her neighbors, her condo association, and the property management company for 42 claims resulting from her upstairs neighbors’ installation of hardwood flooring. Baldwin claims the wood floors caused an excessive noise level and prevented her from selling her unit. While the court dismissed most of Baldwin’s claims, allegations of intentional infliction of emotional distress, unjust enrichment, breach of contract, and a few others survived the defendants’ motions to strike.
Baldwin alleged that her neighbors and the association should have known that removing carpet and installing wood flooring would create an intolerable noise level to the unit below. In her claim for unjust enrichment, she alleged that the association and property management company profited by “failing to perform their duty to inspect and abate the nuisance.” Furthermore, Baldwin was forced to pay for expensive soundproofing improvements to her unit as a result of the wood flooring above her. The court denied her claims of unjust enrichment against the association and property management company.
Baldwin also alleged that the defendant neighbors were unjustly enriched at her expense because the wood flooring in their unit increased their property value while simultaneously reducing her property value because of the excessive noise. The court upheld her allegations against the defendant neighbors.
Finally, the court upheld Baldwin’s allegations of breach of contract, finding that the declaration is a contractual agreement, and determined that she had standing to assert the claim.
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