Roof Deck -- Limited Common Element

[Altec]

Washington, DC

I own a unit in a three-floor condo with one unit occupying the entire third floor. This unit has a deck the covers the back area of the roof, probably a 10x12 foot area, and it's assigned to the third floor owner as a limited common element (LCE).

The Association recently replaced the bldg's roof. At this time, the third-floor unit owner had agreed to replace the deck, which would allow the roof area underneath it to be replaced. The treasurer discussed the possibility of the Association covering 50 percent of the demolition cost. The rationale is that the deck needed to be torn down to access the roof area underneath.

Recently, the treasurer acknowledged that the third-floor unit owner plans to request full reimbursement for the cost of the deck. Other than identifying the deck as a LCE, the condo docs don't specify liability for repairs or replacement of it. So, the owners are stomped on how to respond.

This situation, however, presents a more complex issue. Particuarly, were the owner to improperly maintain the deck causing damage to the roof, generally considered a common element. It appears to me that that the third-floor unit owner might hold liability not only for the deck but the roof area immediately underneath it.

The association plans to seek legal council. Can anyone provide guidance?

 

[seniorjudge]

Washington, DC

I own a unit in a three-floor condo with one unit occupying the entire third floor. This unit has a deck the covers the back area of the roof, probably a 10x12 foot area, and it's assigned to the third floor owner as a limited common element (LCE).

The Association recently replaced the bldg's roof. At this time, the third-floor unit owner had agreed to replace the deck, which would allow the roof area underneath it to be replaced. The treasurer discussed the possibility of the Association covering 50 percent of the demolition cost. The rationale is that the deck needed to be torn down to access the roof area underneath.

Recently, the treasurer acknowledged that the third-floor unit owner plans to request full reimbursement for the cost of the deck. Other than identifying the deck as a LCE, the condo docs don't specify liability for repairs or replacement of it. So, the owners are stomped on how to respond.

This situation, however, presents a more complex issue. Particuarly, were the owner to improperly maintain the deck causing damage to the roof, generally considered a common element. It appears to me that that the third-floor unit owner might hold liability not only for the deck but the roof area immediately underneath it.

The association plans to seek legal council. Can anyone provide guidance?

Who are you in all this and do you have a specific question?

 

[HomeGuru]

Washington, DC

I own a unit in a three-floor condo with one unit occupying the entire third floor. This unit has a deck the covers the back area of the roof, probably a 10x12 foot area, and it's assigned to the third floor owner as a limited common element (LCE).

The Association recently replaced the bldg's roof. At this time, the third-floor unit owner had agreed to replace the deck, which would allow the roof area underneath it to be replaced. The treasurer discussed the possibility of the Association covering 50 percent of the demolition cost. The rationale is that the deck needed to be torn down to access the roof area underneath.

Recently, the treasurer acknowledged that the third-floor unit owner plans to request full reimbursement for the cost of the deck. Other than identifying the deck as a LCE, the condo docs don't specify liability for repairs or replacement of it. So, the owners are stomped on how to respond.

This situation, however, presents a more complex issue. Particuarly, were the owner to improperly maintain the deck causing damage to the roof, generally considered a common element. It appears to me that that the third-floor unit owner might hold liability not only for the deck but the roof area immediately underneath it.

The association plans to seek legal council. Can anyone provide guidance?

**A: you need to review the condo docs regarding HOA liability for the limited common elements.

 

[Altec]

Roof Deck

Who are you in all this and do you have a specific question?

I'm one of the owners, the bldg only has eight units. This is a self-managed HOA with owners who serve as president, treasurer and secretary.

I have a few questions:

1. Whether or not the HOA is responsibilty for the deck replacement.
2. Is the particular area of the roof that the deck encompasses a LCE.
3. In seeking council, should the HOA request a review of the entire document, which seems solid, or the LCE section to restrain cost.

Thanks in-advance for your response.

 

[Altec]

Is this a case of implied liability or NOT?

**A: you need to review the condo docs regarding HOA liability for the limited common elements.

I have read the condo docs, cover-to-cover. Unfortunately, LCE is a short section (one paragraph) of the document. Other than identifying the deck as a LCE, document doesn't specify any liability for it, be it the owner or HOA.

I read a previous posting herein regarding a deck. The advice issued states that the owner of an upper-level deck (assigned as a LCE) held liability for the posts (foundation) immediately underneath it as well as damage to the underlining surface that resulted from normal deteriation due to expose to outside elements. As I understand in that case, the condo contract specified no liability to the owner or the HOA. This leads me to believe that certain liabilities are implied by the assignment and exclusivity of a LCE.

Do you have advise that supports or disputes my presumption of implied liability?

Thanks in-advance for your response.

 

[HomeGuru]

I have read the condo docs, cover-to-cover. Unfortunately, LCE is a short section (one paragraph) of the document. Other than identifying the deck as a LCE, document doesn't specify any liability for it, be it the owner or HOA.

I read a previous posting herein regarding a deck. The advice issued states that the owner of an upper-level deck (assigned as a LCE) held liability for the posts (foundation) immediately underneath it as well as damage to the underlining surface that resulted from normal deteriation due to expose to outside elements. As I understand in that case, the condo contract specified no liability to the owner or the HOA. This leads me to believe that certain liabilities are implied by the assignment and exclusivity of a LCE.

Do you have advise that supports or disputes my presumption of implied liability?

Thanks in-advance for your response.

**A: you need to hire an attorney to review the entire document.