A. ) Dear customer, if your agreement states that you have service rights on the roof, you can certainly use the roof without any objection from the owner of the top floor. Talk to your landlord on the top floor and try to settle it by mutual agreement, otherwise consult and advocate and send them legal advice to prevent them from refusing to use the roof. If it does not comply with such legal indications, you can take other measures. Thank you. For residents of New York co-ops and condominiums, access to the roof is a popular amente. If this access is the exclusive right of an entity, the fixation becomes a treasure. But it is worth remembering that private access to the roof is not the same as roof ownership. People who have exclusive access to the roof are bound by different agreements – the constitutive act of a cooperative, the declaration in a condo and the articles, rules and regulations in both types of buildings. There is a lesson. Sometimes, neighbourhood cooperation and patience are a more effective instrument than disputes in the settlement of cooperative and condominium disputes. And the needs of the community often outweigh the rights granted to a given dwelling. What are the clauses of the agreement concerning the withdrawal of water tanks? The answer to your question lies in the agreement itself.
A recent legal proceeding concerning a roof terrace in a condo illustrates two points: exclusivity can be overcome by the need for inspection and repair; and the obstruction of this work can backfire on an owner. The applicants in the case owned the penthouse apartment and had, in accordance with the declaration and statutes, exclusive use of the roof terrace of the apartment. When water entered several units, a construction battery was installed on the deck to facilitate inspection and determine the source of the leaks. Another important provision for an owner is the right to relocate the licensee. Like a commercial tenant, a licensee will likely object to this concept during license negotiation, based on the inconvenience and residual costs of interrupting its use. However, these reasons are less convincing for the licensee, given the relatively low cost of the move and the ease of finding a comparable place on the roof. As with any retail lease agreement, this provision also gives the owner the right to negotiate prohibited uses and to express that the use by the lessee is subject to exclusive uses reserved for other users in the field. In addition, the agreement should provide for the prohibition for the policyholder of any use contrary to the legislation in force and for uses that weigh or increase insurance coverage in the field. Finally, the owner may adopt rules and rules relating to the licensee`s day-to-day operation on the site, as well as restrictions on the timing and routes of access to the roof. Timing issues are as important for an umbrella license as they are for any commercial lease. Owners should be vigilant in setting license start and expiration dates as well as other critical data such as the start of monthly royalties and completion of work. Unlike most commercial lease agreements, some roof licenses offer authorized occupancy, while others require a longer initial period (sometimes up to 20 years) that can extend automatically if it is not terminated earlier..