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In our condop building, there are 4 apts with terraces with pavers. The condop has place the responsibility and cost on the owner should there be any leaks that develop to the apts underneath them. Is that so? Now, the building is charging additional for the super to clean underneath the pavers. While these are private terraces, the board has the right via the condop lease to access the terraces in order to maintain the building. So, with that in mind, why is there a charge now? The owner with the terraces are paying monthly maintenance already, which is based on the shares. The terraces are already part of the shares allocation.
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It all depends. If this is a co-op, the proprietary lease and its amendments must be consulted to find out about terrace structural responsibilities. Since the terrace is part of the structure of the building, responsibilites usually stays with the co-op. Consequently, the co-op may dictate how terraces shall be protected,used and what can be placed in them, i.e., planters, rugs, pavers, hammocks, dish antenna, etc., in order to prolong the life of the structure. Also, the co-op retains access to the terrace and will demand cleaning, pavement or planter removal or other objects attached to railings, etc. and would retain rights to enter and back charge the shareholder if noncompliance with request. Maintenance of the terrace is the shareholder's responsibility including cleaning of drains, sweeping and snow reoval(if necessary) However, there might be instances in which the structural responsibility was delegated to the shareholder. This is why the PL and amendments must be reviewed.
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