New York's Cooperative and Condominium Community
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
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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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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