In Frisch v Bellmarc Mgt. (190 AD2d 383), the Appellate Division determined that the statutory warranty of habitability, Real Property Law § 235-b, does not apply between a condominium unit owner and a board of managers since condominium unit ownership is a form of fee ownership of property and not a household interest involving a landlord/tenant relationship. An individual unit owner, such as the petitioner *94herein, cannot withhold payment of common charges and assessments in derogation of the by-laws of the condominium based on defective conditions in his unit or in the common areas (see, Board of Mgrs. v Shandel, 143 Misc 2d 1084; Real Property Law §§ 339-j, 339-x). It should be noted in the Frisch case that prior to the unit owner’s commencement of legal proceedings, based upon complaints from the plaintiff Frisch and other unit owners for leakage problems, the Board of Managers retained engineers in order to locate the source of the leaks and then had substantial work done to remedy the problems. It is also noted that the by-laws of the condominium provided that maintenance of and repairs to any unit, and any common elements exclusive to the unit, whether structural or nonstructural, shall be made by the owner of the unit. It would appear upon a close reading of the facts of that case that the Board of Managers or the Condominium Association acknowledged their responsibility by correcting the serious water leaks penetrating the unit owner’s apartment. Clearly, an inference can be drawn from the factual situation that the Board or Association maintained control over the common areas. A further inference from the Frisch case was the unsupported obligation of the unit owner to engage a licensed plumber to repair leaky pipes which was shown to be the sole responsibility of the Board or Association.