rambler335
Junior Member
What is the name of your state?What is the name of your state? NY
Here is the situation. I live in a 2nd floor unit of a 2 story condo. With the purchase of this unit, the deck was also conveyed to me. According to the by-laws of the association, I am responsible for the floorboards and the railing of the deck. The rear left quarter of my deck covers a protion of the exterior 1st floor roof. Now, with that said, this is where the problem begins. The unit below me is leaking from the exterior roof, which is covered by my deck. The association contacted me, asking if I would like to replace my deck, not saying anything about the roof problem. I declined, saying that I did not have the money at this time to buy a new deck. After I declined, I was contacted via telephone by the president of the board. She told me that although the deck was safe and in no disrepair, I would be responsible for the replacement cost of the floorboards and railing once the association ripped them up to repair the lower roof. Now, it's my understanding that, as long as it is the roof leaking, which is part of the common element, it is not my responsibility to pay for charges incurred by the association. I know that my deck is covering the roof that they have to repair, but shouldn't that be included in the cost of replacing the roof? I have also decided to have a home inspector come in and inspect the deck, just so I have some proof that the deck is not in danger of falling down. Please help me with this situation, bucause the Board of Managers is harassing me, and I need to figure out if I can prevent them from doing the work without my written authorization. I believe that this is the responsibility of the association.
Here is the situation. I live in a 2nd floor unit of a 2 story condo. With the purchase of this unit, the deck was also conveyed to me. According to the by-laws of the association, I am responsible for the floorboards and the railing of the deck. The rear left quarter of my deck covers a protion of the exterior 1st floor roof. Now, with that said, this is where the problem begins. The unit below me is leaking from the exterior roof, which is covered by my deck. The association contacted me, asking if I would like to replace my deck, not saying anything about the roof problem. I declined, saying that I did not have the money at this time to buy a new deck. After I declined, I was contacted via telephone by the president of the board. She told me that although the deck was safe and in no disrepair, I would be responsible for the replacement cost of the floorboards and railing once the association ripped them up to repair the lower roof. Now, it's my understanding that, as long as it is the roof leaking, which is part of the common element, it is not my responsibility to pay for charges incurred by the association. I know that my deck is covering the roof that they have to repair, but shouldn't that be included in the cost of replacing the roof? I have also decided to have a home inspector come in and inspect the deck, just so I have some proof that the deck is not in danger of falling down. Please help me with this situation, bucause the Board of Managers is harassing me, and I need to figure out if I can prevent them from doing the work without my written authorization. I believe that this is the responsibility of the association.