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Hi. Our lease grants us exclusive use of the roof above our apartment for 'entertainment purposes'. We just realized last week that board is using the roof to store supplies for a building facade project in the spring. We have asked them to remove all of the supplies (bricks, etc) because 1. we believe they can damage the roof and 2. we are in the final stages of getting our roof deck approved and want to begin the work. The lease agreement includes the roof as part of the definition of 'apartment'. It seems like the standard one I've seen in several cases I've researched, in that it doesn't grant the 'building' any rights to the roof except to repair it or to install something that benefits the entire building (ie. a television antena). They are not repairing anything on the roof. They started a facade project and it won't finish resume until the spring. Should we get legal counsel? Can the board appropriate our roof space without our permission? Doesn't the Quiet Enjoyment section and the Right of Entry section in our lease agreement prohibit their actions? Thanks!
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Definitely get counsel. The ultimate results will turn on the legal interpretation of your lease and what implied rights the board has (business judgement rule) to use the roof space for the benefit of the entire co-op.
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