Does adding stairs add to the "Footprint" of the deck?

One of our residents wants to add steps to their deck. Our governing documents say:

Notwithstanding anything to the contrary contained in this Declaration, no exterior addition to, or change or alteration (including, but not limited to any change or alteration of the exterior finish or color thereof) of any Unit shall deviate from the nature, kind, shape, height, materials, colors, dimensions or location as installed by the Declarant. No new decks are permitted. Existing decks (as installed by the Declarant, including, without limitation, layout, color and design) are permitted to be repaired as approved by the Executive Board. Repairs to any decks are confined to the footprint of the existing deck. Repairs to existing deck (as installed by the Declarant) shall be designed, constructed and maintained with open plank decking to permit stormwater runoff to pass directly to the soil-below. Concrete patios and roofs over decks are prohibited.

Do you think this language prohibits stairs to be added to a deck? A suggestion has been made that adding stairs to an existing deck would not add to the "footprint" of the deck. As well, the landing of the stairs needs concrete, but a suggestion has been made that is not the same as a concrete patio which is prohibited.

Most properties in our townhouse community would not be able to have stairs because there is a stormwater impact. However, this property would not have any stormwater impact. Additionally, the township zoning hearing board would need to allow a variance as there is a 20 foot easement/setback rule. Therefore, it could get complicated/messy since not all residents would be permitted to add stairs.

All for one and one for all is this catagory. What works for one does not work for everyone. With that being said, all things must stay consistent. I would say no to the stairs. Plus it may allow for thieves easier access.

I would suggest an emergency ladder that drops out over the side or out a window. That is for fire safety purposes. However, may allow them the stair access they desire

The homeowner initiated the process with an Architectural request form and the plans from the contractor. The city has said no permit would be needed, but they would need to have a Zoning Board Hearing for a variants to the 20 foot setback rule

Getting rid of the excess, confusing verbiage, your docs indicate, "... no exterior addition to, or change or alteration ... of any Unit shall deviate from the ... as installed by the Declarant."

In short ... no addition to, change or alteration of what was originally constructed/installed is permitted.

Your question of "Do you think this language prohibits stairs to be added to a deck?". Yes, I do think your documents prohibit the addition of steps to a deck.

And since prohibited, the additional suggestions of it not adding to the footprint of the deck and as needing a concrete landing do not need to be entertained. Although if the steps are proposed to be added outside of the existing structure, then this would add to the footprint (as it increases the outside perimeter of the structure). And you couldn't add them any other way that wouldn't also change the existing, as-built structure. And I'd argue that an impervious concrete landing is not an essential element of stair construction. Solid footers, yes, but a concrete landing, not necessarily (and a landing could be constructed differently).

Also it would be worthwhile to keep in mind that if/when one homeowner is allowed to add steps, then you may get more requests for the same. But shutting it down now, because the docs presently prohibit this improvement anyway IMO, will likely prevent this situation.

With Augustin & ND, the declaration is clear: No additions or alterations. The word "footprint" is a distraction.

The stairs may be a necessity due to range of motion or limited mobility. Maybe they can't lift their leg that high.

Beside the alteration issue, if I was on the Board there is no way I would want to go through the time, money and hassle to change the declaration for one homeowner.

It was not just me. Their MC said same thing. What is wrong with an emergency ladder?

Totally agree with JohnT. Buyers know the no alteration or additions restriction in the CC&Rs. Forget planning, zoning dept., etc.

I don't get LetA's lift-their-leg-that-high remark. To step from the unit to the deck???