"Deeded Roof" in condo building

Started by JuliaC3 • 9 replies • 1156 views

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JuliaC3 (New Jersey)
Posts: 2

Posted:

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!!!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would treat this more like how Vending machines are done. It kind of falls along those lines. Most vending machines you see are actually "Leased" to the owner of the property. The owner doesn't own the machine but agrees to allow a vendor to place the machine there. They may have an arranged "Lease" agreement which may include the maintenance, damages, and/or share of the profit.

In your case, you can say no if you wanted. However, you can also decide to have a lease drawn up on the terms of allowing use of that space on your deeded property. Such as the person must pay for damages/maintenance or agree to pay your insurance deductible if something were to go wrong. The terms are something you should both agree on.

I would also do some research on the product by asking an Expert in heating and air. I've seen these products featured on This Old House before. So there are videos available to see what is involved in installation. My neighbor decided to do this instead of getting central air. (He's in a house). The unit is hung outside his wall not on a roof. So maybe there is another product out there that may fit their needs and avoid this altogether.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Julia,

Some of your questions are legal in nature.
Since you own the roof (deeded to you), I would suspect that you could say no.
If you have no plans on building a deck, I would insist on written agreements (perhaps attached to each others deed) on who pays for what.

This is why you need an attorney.

DouglasK1 (Florida)
Posts: 2,046

Posted:

As far as potential downsides, noise and vibration in your unit would be possible.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Unless I am mistaken you cannot have a ductless AC unit without some piping from the compressor to the coil/fan unit in a room. Also there is the issue of electricity, probably 220V.

JeffT2 (Iowa)
Posts: 880

Posted:

You should also read your condo documents. Your neighbor has a distinct advantage over you. By the way, most of this will be in the master deed, not the bylaws.

Anything put into the common elements should be approved by the association or the board. The area above the roof is a common element under the control of the association. Your neighbor needs to get that approval before installing a compressor up there (in addition to your approval). This affects the common elements, and your board may not approve it.

Since you own the roof, unless your master deed says otherwise, you can approve or disapprove anything that is physically attached to what you own, and holes drilled, and lines running through your roof.

By the way, the compressor will need electrical cable and plumbing lines running to it. Where will they be placed? Through your unit to get to the unit below? Through the common elements? Outside the building?

If you allow this installation, are you not giving up the right to a deck, which may affect your property value?

If you want to do this, you should get a lawyer, and your neighbor should agree to pay you for the lawyer, (which may end the discussion).

It would be nice to say yes, but a lot easier to say no.

AugustinD
Posts: 5,144

Posted:

If it were the roof over my condo, I would be extremely concerned about the noise the compressor makes. I lived in a house with an a/c compressor on the roof. It is a racket. As needed, I would be asking the board to deny this request from the OP's downstairs neighbors, for multiple reasons.

JuliaC3 (New Jersey)
Posts: 2

Posted:

Thank you everyone for all the replies - a lot of good point raised!!!

We'll look into exactly what the master deed says, and also get a lawyer. At this point, we're leaning towards saying "No" as it seems there's no benefit to us, but a lot of potential downsides and hassles - I hate this do this to a neighbor, but it doesn't seem to make sense for us.

FredS7 (Arizona)
Posts: 927

Posted:

You need a lawyer. You could consider asking the neighbor to pay for the legal consultation whatever the result.

My guess as a non-lawyer is that you could say no and that the neighbor would have no recourse. Contrary to what was said earlier, I believe you are in the driver's seat. I THINK you would want an easement agreement, possibly with some payment in compensation.

GenoS (Florida)
Posts: 4,276

Posted:

Also keep in mind what kind of disclosures and agreements might apply if you decided to sell your unit. The prospective owner will ask, "What's going on with all this roof stuff?" If the arrangement you ultimately agree to is convoluted and confusing there's an increased risk that the buyer will just walk away.

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