Dennis Greenstein Published in Habitat Magazine
"Amenities: Creating Exclusive Roof Space"

Dennis Greenstein's article, "Amenities: Creating Exclusive Roof Space," was published in the November 2009 issue of Habitat Magazine. The article discussed whether a condominium board can and should offer exclusive roof space areas to its unit-owners for revenue benefits to the building. According to the article, many buildings have roof space available, and granting areas for exclusive use by unit-owners can generate initial funds and continuing revenues for the condominium. Dennis warns, however, that "a board of managers must initially address certain critical issues in order to avoid expending significant costs and time only to conclude that such plans are not feasible."

In the article, Dennis notes that "Whether it is the proposed exclusive use of roof areas by unit-owners or any other action the board wishes to take that may involve a change in the use of the common elements of a condominium, the board should first seek guidance from its attorney, architect, and managing agent to determine the rights and issues that must be considered." As a first step, Dennis suggests having the building's attorney review the condominium's declaration and bylaws and any amendments to ascertain if the board has the authority to grant a license, and/or to create limited common elements subject to he consent of the unit-owners. Secondly, Dennis recommends retaining an architect to advise, in consultation with the building's attorney, what restrictions if any, may exist relating to the use of the roof. After that, according to Dennis, the board should retain an appraiser to advise it of the value of licensing or offering the units as limited common elements belonging to the units.

Dennis concludes, "If a board is planning to replace the building's roof and/or create roof space for exclusive use, an initial analysis of the project's viability is critical. The structural, economic, and legal considerations can be determined quickly and at a reasonable cost."