Local Law 11 & Facade Repairs Roofdeck
Started by diamondlisa212_1921003
almost 10 years ago
Posts: 0
Member since: Apr 2016
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I love in a large condo that is currently erecting scaffolding to comply with Local Law 11 and to do facade repairs due to some leaks. The owners on the top floor all have exclusive roof decks. There is a stairway and door leading from each apartment onto their own private fenced off roof area. To erect the scaffolding, large heavy equipment is being place on the roofs for the dropdowns to hold... [more]
I love in a large condo that is currently erecting scaffolding to comply with Local Law 11 and to do facade repairs due to some leaks. The owners on the top floor all have exclusive roof decks. There is a stairway and door leading from each apartment onto their own private fenced off roof area. To erect the scaffolding, large heavy equipment is being place on the roofs for the dropdowns to hold the scaffolding in place. The building claims unit owners do not get named as additionally insured on the contractor's liability insurance certificate because the spaces are considered "common elements". My insurance broker and lawyer disagree and said without question I personally should be added since if anything happens, the contractors or their injured employees would can sue me personally since I own that roof space. Any input would be appreciated. [less]
What is the specific status of the roof deck under the condo documents -- do you own it, do you have an exclusive license to it but the area and the roof itself remains the condo association's property as a common element?
And would they access this deck through your condo, or through another pathway?
Agreed with uptown joe- go back to the condo's documents. In most cases the roof decks are considered Limited Common Elements, which means you have private use and enjoyment- but they are common elements of the building. This may or may not be the case here- but at least you should be aware of this term.
Facade work was done in my building last year, necessitating placing equipment for scaffolding on our terraces (never checked about insurance). However, we worked with the supt so that placement of the equipment generally had little impact on our use of the terraces. Did have to jump on them a few times as they moved the equipment around so they became aware of placement
If they won't provide your name on the insurance certificate, why not ask the building for an indemnity against all claims resulting from the work? Your managing agent would be unlikely to agree, but it would prompt them to reconsider their stance, as an indemnity would be a reasonable request in such circumstances.