Hi,

So, I am trying to have our condo declaration amended to reflect exclusive roof rights for our building. Small, unincorporated 3 unit building and I have verbal agreements from the other 2 owners.

Speaking with one attorney, they said the roof will be re-designated as a ‘limited common area’.

What I’m wondering is, will being a limited common area give me sufficient rights if we want to build a room up there in a year or two from now? We are in a non-landmarked area. I know there is the separate issue of FAR, but I will cross that bridge later. Just want to know if it being a limited common area will create any restrictions.

Initially, we are going to build a small deck (30% coverage).

Also, what is a ballpark figure for getting the roof rights portion taken care of? (legal + architect fees).

Thanks!


What's Your Take? Leave a Comment

  1. I am an architect and I advise that you look into the building zoning and FAR issues sooner rather than later – it may affect you motivation to take on the expense.
    If you have any questions on the matter feel free to ask.

    jorgefontan@gmail.com