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Property Ownership TransferCondo_ownership_nyHARD

Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?

Correct Answer

A) Approval from the board and compliance with any structural or safety requirements affecting common elements

Even though Mark has exclusive use of the limited common element, installing a hot tub may affect structural elements, waterproofing, or building systems that are part of the common elements. New York law requires board approval and compliance with any requirements protecting the common elements and other unit owners' interests.

Answer Options
A
Approval from the board and compliance with any structural or safety requirements affecting common elements
B
Approval only from the board of managers
C
No approval needed since he has exclusive use rights
D
Approval from all unit owners in the building

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Related Topics & Key Terms

Key Terms:

limited_common_elementmodificationsexclusive_usestructural_impact
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