Want to build an addition to my condo unit?

[DFS1981]

What is the name of your state (only U.S. law)? I'm in PA

Hello everyone, first time poster here!

I own a penthouse condo unit with a private rooftop deck that is currently designated as a limited common element. The deck is not above my unit, rather it is adjacent to my unit accessed through sliding glass doors in my living room and it serves as the roof of another unit.

My unit is currently a one bedroom, and my wife and I just welcomed our second child in May so we naturally need more space. We cannot sell because with the market how it is we cannot get what we owe. We tried and didn't even get an offer anyway in 6 months.

So my question is, soup to nuts, what would be involved in building an addition out there as far as the condo association is concerned? The president of our board is open to the idea and is very kind, however I think she is even a little "unsure" of how to progress. We know that adding square footage to my unit changes everyone's % interest, which requires consent from the banks holding any mortgages in our complex. Is this something that one would classify as "not worth the trouble it would take to get it done?"

Is it legal to have our board just draft up a policy for our associations decs & by-laws that just addresses building on a limited common element (that's private to one owner like my deck), and not go through the process of changing anyone's % interest? Then that new "structure" would simply be my responsibility to maintain, repair, replace, and insure...thus causing the association to incur no additional liability?

Any info would be greatly appreciated! Thanks so much!

 

[justalayman]

to add an actual building where the deck is, you would likely have to have an engineer and architect review the substructure to assure the ability to support such an addition. You would also have to have permits from the local building department so the building ordinances would also come into play. As you stated, any mortgage holder would also likely have to grant permission and then of course you have the condo association having to approve the addition.

I suspect the owner of the condo you want to build above would need to approve of the issue.

to me, while not impossible, it could surely be a lot of hassle.

 

[FlyingRon]

I suspect the owner of the condo you want to build above would need to approve of the issue.

Not to mention the association itself.

 

[DFS1981]

Many thanks for the replies!

I don't expect any hurdles as far as my adjacent (vertical or horizontal) neighbors are concerned, they are all extremely, extremely kind. And again, our board president is open to the idea, she is just an extremely cautious (and rightfully so) president...wants to make sure everything is by the book.

It goes without saying a building inspector and/or architect and/or engineer would be involved in the process.

My second question above is really what I'm wondering. Is it legal for our board to just amend our documents with a policy on building onto/into a private limited common element? Then there's no hassle with everyone's percent interest changing and contacting banks, etc. Seeing as how it's a private access limited common element anyway, as long as I agree to maintain, repair, replace, and insure the additional structure then the association incurs no additional liability or cost. I'd even agree to a due's increase. Is it plausible, legally speaking, to sidestep the "official" square footage increase and the percent change with a simple amendment to our documents?

I've been through our documents and the Uniform PA Condominium Act (extensively) and there is no mention specifically to this kind of issue, that is building onto/into a private access limited common element.

Thanks again!