dimanche 13 mai 2018

"Deeded Roof" in Condo Assoc Building

My question involves real estate located in the State of: NJ

=== I hope I posted in the right forum. If not, please let me know which forum this thread belongs ===
Hi all - I live in the top floor of a small 4-unit condo building, and the roof is deeded to my unit According to the bylaws, we are allowed to build a roof deck (with condo assoc approval), if we choose it. However, if the roof deck causes any leaks, then we'll be responsible for the repairs. Currently, since there's nothing on the roof, it is maintained by the condo assoc.

We are an old building and currently has no central air (everyone uses window AC units).

My downstairs neighbor is looking into building ductless AC and wants to put the compressor on the roof - which is deeded to us.

So my questions are:

1. Since the roof is deeded to us, can we say "no"?

Note 1: that currently there is no roof deck, and the condo assoc maintains the roof (pays for repairs, and such).

Note 2: my neighbor has read the bylaws and said that it does mention the "deeded" part and roof deck, but it does not mention "exclusivity" that only our unit can build / put anything on it ==> Is that how "deeded roof" works?

2. If we allow the neighbor to put the compressor on it, what are the potential pitfalls and issues? What do we need to be aware of?

3. Following question #2 above, if we allow it, do we need to get a lawyer to get an written about this arrangement? Eg who will be responsible for repairs and such? And what if we choose to build a deck eventually in the future?

4. Any other thing we should be aware of?

Thank you in advance for any help, suggestions!!!


"Deeded Roof" in Condo Assoc Building

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