Roof Access

Started by PeterV3 • 6 replies • 240 views

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PeterV3 (Texas)
Posts: 2

Posted:

Our Condominium Community is a three story building with 27 units. 9 of the units have roof top hvac systems and are only accessible by accessing the roof, which is only accessible via a ladder/ hatch system. Access has recently been brought into question with an owner requesting unrestricted access to this common area that does not have a roof deck or security bars to prevent a misguided fall (liability). If one unit is provided unrestricted access, the other 8 are areas that same access so as to treat all the same. Our management company recommended only hvac professionals access the roof to make repairs and provide a COI for any damage that might be caused to our top roof by screws/nails/etc. Our declaration allows the association (board) an easement over the roof. I would like input on how other HOAs would manage access if possible. The board is split on how to manage access and we are seeking legal advice from our attorney but also would appreciate input from other condo HOA owners or board members on this forum.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm glad you're seeking legal advice, because that's what I'd suggest.

For the sake of discussion, though, why does this owner think he should have unrestricted access to this area? Just from the little you've said, my answer would be no. And I bet your insurer would also say no. If you granted access, it would benefit that single owner at the expense of the association, which is a no-go in my book.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Actually, I do have a question: why does the Condo Association need to have an easement over common area? Or is this area owned by individual owners? That would maybe change my answer.

PeterV3 (Texas)
Posts: 2

Posted:

The easement is common declaration verbiage in Texas based on the laws governing condo hoa’s.
The access request is to service their individual hvac system that is on the roof. We currently request the contractor COI for liability reasons (damage to tpo roof).

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By PeterV3 on 02/19/2025 7:00 AM
Our management company recommended only hvac professionals access the roof to make repairs and provide a COI for any damage that might be caused to our top roof by screws/nails/etc.

You said the roof is a common area.

The management company's response is exactly the policy/rule my former condo association set when owners started switching to HVAC units on buildings' roofs (with board approval). Each building had several units.

In my experience what the management company said is the correct and only choice.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By CathyA3 on 02/19/2025 7:19 AM

For the sake of discussion, though, why does this owner think he should have unrestricted access to this area? Just from the little you've said, my answer would be no. And I bet your insurer would also say no. If you granted access, it would benefit that single owner at the expense of the association, which is a no-go in my book.

The roof would be a great place to host a July 4th fireworks watch party.

Escaped former treasurer and director of a self managed association.

KerryL1 (California)
Posts: 14,550

Posted:

With everyone else. Big "no."

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