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I wanted to clarify some misinformation that appeared in 'Board Talk' in an earlier post. Thus quote is from the Habitat website:
"Rent-controlled and rent-stabilized tenants are not subject to the rules that everybody else lives by," says attorney James Samson, a partner at Samson Fink & Dubow. "There is no obligation for them to observe the house rules. Their rules, rights, and obligations are spelled out in rent stabilization codes and the rent regulation guidelines. A co-op board neither has the power nor the right to change those rules." Samson adds that renters usually have rights that were grandfathered in at the time of the conversion.
If they had access before the rule, then perhaps. Ask your attorney.
Also, frankly. all roofs should be open to use. Best space in NYC. The bldg next to ours built a simple wooden deck for 50k and everyone enjoys it. Esp nice at sunset.
Yes, it would be nice if all roofs were open to use. However, not all roofs are safe, the perimeter needs to have fencing or walls of adequate height (42" minimum?), and there is a liability issue present if someone tosses a ball or some other item (ie: bottle, can), and it goes over the roof into traffic or hits a pedestrian. Before converting to a coop, people used to line-dry their clothing on clotheslines on the roof. No more.
JG is correct. There are two main reasons why roof access is restricted, liability and durability. A lot of flat apartment building roofs today are not shingle and tar but epoxy membrane. These are much more water-tight and heat-reflective, but they puncture very easily causing very hard-to-find leaks. Membrane roofs are also very costly to repair. I've been on our roof and the view is spectacular, but as a board member I definitely do not want the aggravation, expense, and potential liability that comes with unrestricted roof access.
You just put in a raised wood platform island with fence.
So short-sighted to waste a roof. You can find any reason not to do it but having fun and improving everyone's quality of life overrides those.
I wish it were that simple. The "raised" wood platform has to be supported by something that either rests on or penetrates the membrane roof. Both create stress points in the roof that can allow water infiltration.
Have you checked on the cost of liability insurance and the regular maintenance work and costs associated with a roof deck? Not every co-op and condominium want to take those on, especially with the way real estate taxes have skyrocketed for Class 2 buildings.
It is important to do your research. A friend in an East side coop who just spearheaded a deck there said the insurance was not that much more. The roof deck can also be comprised of inexpensive pavers. Their roof is an enormous new boon to their building. Everyone loves it.
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So are you saying that if a Co-op has a House Rule which states that no one is allowed on the roof except in an emergency, rent-stabilized and rent-controlled tenants can frolic on the roof with abandon?
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