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By CondoAssociation.com • May 13, 2018

Neighbor wants access to my deeded roof

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 association 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 association.  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!!! 

We are a small condo building with 5 units. There was a leak on the roof that started April 2014, and multiple repairs have been attempted, but the leak is still there. We are also having issues with the roofer that we are trying to work through (via our management company). 

However, my question today is about the responsibility of the repairs due to the leak. I live on the top floor of the building, and every time it leaks, I put a bucket under the spot that leaks in my apartment to catch the rain. So far, this has been working for us. 

However, my fear is that one day it'll rain, and I won't be home to put a bucket to catch the leaking water. And water will damage the apartment downstairs (which has no damage so far). 

If that happens, will it be my responsibility to repair that damage, or will it be the condo assoc's responsibility since it's a roof leak, and therefore a condo assoc issue? 

On one hand, I feel it's the condo assoc's responsibility, because the leak comes from a common element (the roof). However, given that I'm aware of the leak (it's been there for a year now), and therefore I should be responsibility to make sure it doesn't cause further damage? 

Would appreciate if someone can help clarify. 

Also, note that it's not possible to leave a bucket there all the time, because the leak comes down in the middle of our small bathroom. So it's not possible to use the bathroom normally if the bucket is right in the middle of it. 

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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