Roof - Limited Common Area

My wife and I have a Penthouse unit in a 20 unit Condo building,we have 4 Air Compressers on our roof,we had a 25 yr warrenty but the roof was not maintained.We only bought this unit 5yrs ago - we had a problrm with one of the owners air compressers leaking into our unit which took 4 yrs to get fixed,know after it was replaced we can see the damage it did to the roof,now we have problems with leaking in our unit.Because it leaked under the build upmaterial for the roof.The board says its our problem to get the roof fixed.We don't have any chairs or anything on the roof we don't even use it.We do have a pending law suite on this matter, Limited common area?

As the roof is used as a location for the AC units of other units I would guess this would not be limited common property. Plus the fact you certainly do not have exclusive use of the roof area.

I would suspect in your documents the roof is noted and who is responsible for the maintanance. Who paid to have the last roof work done with the 25 year warranty???? If the Board did then it would seem they have a new project to handle.

I would see NO way it is YOUR responsibility to pay to repair a roof that covers all the units located beneath yours in the building.

But more than likely it will take a good attorney WITH CONDO/HOA KNOWLEDGE to show the Board the error of their ways.

Good luck.