Condo Roof Rights and Solar Panels

The top floor owners of the condominiums in our complex have exclusive deeded use of the roof. In the almost 30 years that the building has existed, none of the top floor owners has done anything with the roof, although 2 of the 3 have talked about it. The roof can be reached by a ladder and hatch in the common stairway.

One of the owners of a ground floor unit has now become quite vocal about the condo exploring the issue of putting solar panels on the roof. I’d be interested in thoughts about how those who have the roof rights might be compensated if it’s even an option. Can the roof rights be revoked? Traded? Leased/Rented? Presumably the top floor owners can’t just install solar panels themselves for a number or reasons (improvements above $5,000 must be approved by the condo board and no structure taller than 6′ can be placed on the roof by any owner according current condo rules). Any thoughts would be appreciated and would be a great starting point when the subject comes up again.

duckwalk

in General Discussion 8 years and 9 months ago

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EJR | 8 years and 9 months ago

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If it is exclusive deeded use then the top floor owners would probably need to sell the rights to the Condo Association. If they have a mortgage, the bank would need to consent to this, since it would decrease the value of their property in which the bank has a secured interest. Since there are multiple owners it seems, they will all need to agree to sell, which makes it trickier. They will probably want a nice chunk of change of it , plus lawyers fees, but bank consents (if even possible).