An important and challenging issue for condominiums is whether unit owners may add greenhouses or other structures on terraces or roof setbacks adjacent to their units. This column reviews relevant statutes and case law. Our research has disclosed no New York cases dealing specifically with greenhouses in condominiums. However, by analogy and reference to case law from Florida, which has an extensive body of decisional condominium law and reported arbitration awards, we explore the principles that may be applied in New York. This column also suggests procedures for boards and managers to follow when unit owners seek to erect structures on terraces, and amending bylaws to adopt clear rules governing such construction, thus reducing the likelihood of litigation, especially disputes regarding repair responsibility for added structures.1
Governing Statute
Unit owners generally seek to erect structures on terraces that are condominium limited common elements. Condominium common elements are parts of the building other then the units. Limited common elements are common elements that are designated in the condominium declaration or bylaws as exclusively for the use of a particular unit. The New York Condominium Act deals with, among other things, additions to the building, including structures and basement excavations. It provides, in relevant part:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
