New York's Cooperative and Condominium Community
Hi All,
I was curious how everyone deals with massive amounts of snow on terraces (exclusive use by the respective owners) and roof. We have external drains, but the amount of snow we received this weekend is daunting. Please let me know your thoughts. Thanks!
Thanks Ned and info@askthepropertymanager.com; sorry if I was unclear, info@askthepropertymanager.com interpreted it correctly. Will check the by-laws and discuss with the attorney. Thanks!
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Hello CondoPrezDC;
If I am understanding your e-mail, the terraces can only be used by the individual home that each one is attached to. Most likely, the terraces are considered "common area restricted in use" to the residents of that home, but only the By-laws for your community can definitively advise if the resident or the condo is responsible for maintaining those terraces. The burden of who maintains "common areas restricted in use" varies from community to community and I have seen both ends as well as middle of the spectrum in different By-laws.
While I agree with Ned in Toronto about encouraging the residents to remove the snow, in view of the potential liability associated with a snow related terrace collapse, it might be a wise idea to have your community's attorney interpret your By-laws and guide your board accordingly.
Feel free to check our website askthepropertymanager,com for our Quick Tip of The Week regarding snow removal.
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By saying that the terraces have exclusive use of the owners, that means that they are common property. While you could encourage co-owners to remove the snow (providing they can open doors to do so), as common property, I would say that you are responsible.
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