Under the Proprietary Lease, the right to use the roof is allocated exclusively to tenants in apartments 3G, 3H, 5A, 5B, 5C 5D, 5E, 5F, 5G, 5H and 5J.
No roof areas for other tenants have been allocated. Therefore, other building residents may not use the roof except at the invitation of a shareholder who has roof rights, or to access the fire escapes. Below are the policies set by the Co-op with respect to the use of roof rights. Please consult the Managing Agent or a member of the Board if you have any questions regard–ing your roof rights.
The Co-op has placed certain restrictions upon the use of the roof area belonging to each apartment. These restrictions are designed to ensure the integrity and proper functioning of the roof and to maintain the warranty given by the manufacturer of the roof. A leak in the roof can reach the lowest levels of our building, and potentially affects all shareholders.
Any use of the roof must comply with such restrictions, including the requirement that, prior to such use, the roof surface be covered or otherwise protected in a manner appropriate to the intended use, that such protection be approved by the Co-op’s engineer and by the Board prior to installation, and that the shareholder requesting approval is responsible for the costs associated with such approval and the actual materials used to cover the roof. Thus, shareholders may not simply place chairs, tables, plants or other items on the unprotected roof. Such items may be removed by the Co-op without notice and at the owner’s risk and expense.
In the event that a shareholder transfers any portion of the roof rights belonging to that shareholder to any other apartment within the building, an adjustment of the maintenance or of the number or shares issued with respect to both apartments may be necessary.
Any improvement or other roof project must be approved by the Board in advance of beginning that project. This, too, is to protect the roof surface, ensure the continued integrity of the warranty and protect the Co-op. The roof is also a fire escape and contains mechanical equipment that services the entire building.
Any use of the roof, therefore, cannot block access to the fire escapes or to mechanical equipment. In addition, any improvements must be easily moved to allow access to the roof underneath, so repairs can be made.