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.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
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Under New York condominium law, the board of managers has various powers and duties. All of the following are typical powers of a New York condominium board of managers EXCEPT:
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Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?