Roof Deck Not Up To Code
My wife and I are looking at a co-op with roof rights. The roof currently has a deck, which the sellers have disclosed is not up to code. Question: what are the chances that our lender will require us to remedy the situation before allowing us to close? What consideration should we take if we’re…
My wife and I are looking at a co-op with roof rights. The roof currently has a deck, which the sellers have disclosed is not up to code. Question: what are the chances that our lender will require us to remedy the situation before allowing us to close? What consideration should we take if we’re thinking about making an offer? And finally, how much does it cost to build a modest roof deck (maybe 200-300 square feet) to code?
Interesting comments; but a man convinced against his will–is of the same opinion still…
Bivouac sounds somewhat in love w/this roof deck, and wants it. Just so. I agree w/views above– except I wouldn’t be surprised to learn that the co-op initially turned a blind eye to the deck. And, why would the (current) board agree, in writing, to absorb the losses for a private roof deck that is not up to code? This sounds very cozy and comfortable– until the roof leaks/collapses, mold invades, or someone gets hurt (God forbid). If this deck is wood, and seated ON the roof; it’s a problem. Yes, private outdoor space in the city is a slice of heaven. But this beautiful deck was built by a semiskilled handiman. Re-do the deck; and do it right. Use the lighter weight materials and seat it correctly. You’ll get a larger deck, and be able to landscape/irrigate/light/ and enjoy it. It will cost a bit; but not a staggering am’t. Have the seller remove the wood–and/or reduce the price accordingly. Then, you can (all) sleep well @ night; comfortably, under your deck. No worries it will land in bed with you–
There are interesting answers to roof decks at this brownstoner archive (Apr. 13):
http://bstoner.wpengine.com/forum/archives/2009/04/building_a_roof_5.php#comments
Type “roof decks” in the brownstoner search box for more ideas.
Bob – yes: the co-op should accept the consequences of everything that’s been done up-to-now and agree to spread the cost of any existing damage to the roof to all the current shareholders.
What I’m suggesting is that once the new buyer gets things in-writing and the co-op legally acknowledges problems with the existing deck, when the roof eventually has to be repaired, they all need a game plan for what to do at that point.
A lot of co-ops are very loose about these things, but personally, I wouldn’t buy into a building that’s so careless – the very existence of this deck is a big red flag… what’s worse, a future buyer could move-in and cause unforeseen trouble for everyone down the road.
Roof decks are great, and I’m being Mr Doom-and-Gloom, but having had ceiling leaks in other apartments & having shopped-around specifically for a place with a roof deck myself, I can tell you that it’s best to be careful about what you buy into.
Anyway, good luck Bivouac – and I hope you wind-up in a great place!
parkedslope: thank you, that advice is invaluable and sounds like a great way to go.
parkedslope,
Does this apply even if the OP buys an apartment with an EXISTING roof deck? The Co-op board knows, or should know, of it’s existence and has permitted it to be built and to remain in place.
Bob – the typical arrangement is that the person with roof rights is responsible for any damage caused to the communal property [the roof itself] due to private use of the roof.
Again, I’d warn anyone against placing a deck directly on the roof membrane: it’s a ‘pay now or pay later’ situation.
The best short-term solution that I could see is having Bivouac get a written agreement from the co-op board that when the time comes to maintain/replace the roof, the old deck will be removed & replaced by a properly sized & engineered one built on joists attached to the roof’s parapet walls [i.e. suspended off the rubber roof surface]. Of course, the removal and new construction would be at the owner’s expense – but at least that would spare you from being responsible for paying for all the inevitable problems caused by a leaky roof!
Doesn’t the entire apartment, including the deck, actually belong to the Co-op? You’re buying shares and the right to occupy the apartment, but does that make YOU responsible for the deck?
I bought my co-op with its existing all wood deck on top of steel supports and had no problem closing on the co-op or the commercial condo under the roof under the deck.
parkedslope: thanks, great advice. The broker made a point to mention that it is a private deck, with roof rights as part of the share & will be included in the sale. Our lawyer will be very clear on what we’re expecting.
Personally I would like to keep the deck because we’d like to save on the expense, and it is quite nice, but I’d rather not court trouble, with the integrity of the roof or with the DoB.