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Planting Terrace

Started by Eastside
about 4 years ago
Posts: 146
Member since: Aug 2009
Discussion about
I saw an apartment recently for sale with a rather large planting terrace ie can fit 2 people and a small table easily . There is no door access . Can only be accessed by owner of coop unit via window. Is this terrace considered OWNED by shareholder owner or at the very least, able to be used by shareholder owner? Its a setback terrace so very stable .
Response by 300_mercer
about 4 years ago
Posts: 10570
Member since: Feb 2007

It highly unlikely to be owned by the shareholder. While shareholder can go there, putting a table and chairs may interfere with the fire code especially if it is in some way connected to the fire escape path.

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Response by ph41
about 4 years ago
Posts: 3390
Member since: Feb 2008

Actually I can see several of these in my building. In one case there is only one apartment with access (through a window to it) and in some others more than one apartment access a shared space.
There is no connection to a fire escape path.

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Response by ph41
about 4 years ago
Posts: 3390
Member since: Feb 2008

Actually I can see several of these in my building. In one case there is only one apartment with access (through a window to it) and in some others more than one apartment access a shared space.
There is no connection to a fire escape path.

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Response by ph41
about 4 years ago
Posts: 3390
Member since: Feb 2008

Actually I can see several of these in my building. In one case there is only one apartment with access (through a window to it) and in some others more than one apartment access a shared space.
There is no connection to a fire escape path.

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Response by ph41
about 4 years ago
Posts: 3390
Member since: Feb 2008

Unless someone is Spider-Man and can swing down 30+ stories to the street

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Response by Aaron2
about 4 years ago
Posts: 1698
Member since: Mar 2012

Highly unlikely that the shareholder would have any 'ownership' of that terrace space (more technically correct: the shareholder's proprietary lease would not include any rights to use that space). If there's no evidence that the space was ever correctly developed as a usable space (i.e., a real door for access, proper decking over the roof structure), it's the co-op's, not the shareholder's.

I would be very cautious about units adjacent to such setbacks that don't include some part of the space in the proprietary lease -- I remember a thread somewhere on SE about a court case where the co-op put commercial AC units on the setback roof (to cool the commercial tenant below), which were more or less right outside a shareholder's unit. Much drama ensued.

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