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Hello, a shareholder is wanting to put skylights in their top floor unit where one does not exist. They have it in their architecture plans that were submitted to the board. I'm worried about not having anything in writing that states the expectations for who maintains these skylights or how to deal with the skylights in the event the coop wants to utilize the roof for another purpose, such as a roof deck or solar. Does anyone here have experience with a situation such as this? Many thanks in advance.
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I feel your best course of action is to contact your board's attorney because there are multiple issues in play with this. Besides the list you provided, your proprietary lease needs to be reviewed to see if it has any provisions for a shareholder making any sort of modification to what is common property (the roof and the support structure above the ceiling of the apartment. You need to check if the transfer of common property is even permitted under the PL. If so how is the transfer accomplished? Do new shares have to be issued to the shareholder? If they can, how are they to be valued... I think you can see where this is leading.
For something like this you want to get it done right the first time to save yourself a lot of heartburn later on. You can properly bill the shareholder who wants to install the skylights for the legal work.
Remember, any legal advice you receive here is worth exactly what you pay for it. Good luck!
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