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Roof Penetrations Jun 11, 2015

We have a condo with sixteen units. Two of the board members want to penetrate the roof one to setup a washer/dryer vent and the other to install a sky light. Do they need to get some percentage of approval from the unit owners first or can they just go ahead with their plans.

Thanks

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Roof Penetrations - Ned in Toronto, Canada Jun 12, 2015

Two board members wanting to do something in their unit that is not being done today...sounds to me like a personal agenda.

To play it safe, I would say "yes" you need owners approval as I assume there are costs involved in doing this and this changes the landscape; you would be setting precedence for other owners to do the same. I would pass on the skylight; lots of issues with skylights and you would now be responsible for any leaks etc.

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Roof Penetrations - Steven424 Jun 12, 2015

At the outset let me say I am completely opposed to any sort of roof penetrations. They are gateways for water damage and mold.

That being said, if there is still a desire to consider penetrations by individual shareholders, you should first look to your proprietary lease. In most PL's the roof is a common area so all the terms of transferring common areas to exclusive shareholder use need to be followed. In addition I would consult with the board's attorney to see if there is any language which can be included in the transfer such that the shareholder holds the co-op harmless if any sort of damage is a result of the penetrations. If you can make that a condition of transfer I bet the shareholders will think twice about assuming that sort of liability.

My building specifically prohibits any sort of roof and outer wall penetrations. There are central A/C units where the compressor can be mounted in a (non-fire-escape) window. As Ned said. skylights pose their own maintenance problems and should be avoided.

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