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Using the Roof in a Co-op

By Jay Romano

Roof deck Boards and managers should establish and enforce specific rules for terraces.

It’s hot, it's humid, it's sticky, it's summer. Wouldn't it be nice to slip into something comfortable and saunter out your apartment door onto your own private rooftop paradise?

"There's probably no greater status symbol in this vertical city of ours than an apartment with a private rooftop terrace," said Stuart Saft, a Manhattan lawyer who is chairman of the Council of New York Cooperatives. "The problem is, terraces leak."

In fact, Mr. Saft said, there are several problems associated with rooftop decks, terraces and balconies in communally owned buildings.

"From the co-op's point of view, the use of the roof for recreational purposes adversely impacts on the life of the roof," he said. "Especially when people bring up several tons of topsoil and start planting trees."

Who's Responsible?

In co-ops, Mr. Saft said, the association is usually responsible for maintenance of structural elements -- things like the roof. But since shareholders with terrace apartments typically have exclusive use of the part of the roof the terrace is on, disputes often arise regarding who is responsible for privately used structural elements.

One of the most
common problems are illegal
terraces and decks.

"Different leases and bylaws have different provisions as to who is responsible," Mr. Saft said. But that's only half the problem.

"Frequently, shareholders will complain that it's unfair for some unit owners to have access to the roof while others do not," he said.

As a result, it is not uncommon for shareholders who are not blessed with private terraces to want to carve out some tar-beach real estate for themselves by designating a portion of the roof as a public area. That, in turn, aggravates penthouse owners who feel the increased traffic will turn their rooftop paradise into a tourist trap.

"Believe it or not, this is an ongoing dispute in a number of buildings," Mr. Saft said.

For managing agents, rooftop decks can cause more strife than a lobby renovation.

"I've seen buildings with these huge trees on the terrace that had roots growing right through the deck," said Steven Greenbaum, vice president of Mark Greenberg Real Estate Company. "I've seen buildings where people have spray-painted furniture leaving outlines of wicker chairs on the deck. And smoke -- we always get complaints about smoky barbecues."

Establishing Rules

Indeed, Mr. Greenbaum said, the best way for boards and managers to keep tabs on their terraces is to insure that specific, written rules are established and enforced.

"Roof decks can be wonderful amenities," he said. "As long as the rules are spelled out."

In some of the buildings his company manages, Mr. Greenbaum said, specific hours are established for the use of communal roof decks and terraces. In some, ground-level barbecue pits are installed to offer shareholders an alternative to high-altitude grilling -- and rules prohibiting barbecues on balconies are strictly enforced. Plants must be sized appropriately and planted in pots that allow for proper drainage. Even the maximum size of planters is spelled out in detail.

"A good management company is looking at terraces and balconies from every possible angle," he said.

Management, he said, should inspect the exterior of the building from the ground, the roof, and any other available vantage point -- including other shareholders' terraces. In some buildings, remote-control cameras can be installed to keep building personnel in the lobby informed of rooftop activities and conditions.

"The roof itself is not meant to be a walking surface," he said. "But it's amazing how many times you'll find people in high-heeled shoes wandering around off the decking."

While unprotected roofs are not designed for pedestrians wearing designer footwear, construction experts agree that a properly constructed deck or terrace should not cause problems for a building or its residents. "Building a decent deck is not exactly rocket science," said Gary Zaremba, president of Artisan Restoration Group, a Long Island City construction company. "As long as you're doing it in a way that protects the roof, you should be O.K."

Protecting the Roof

Protecting the roof, Mr. Zaremba said, means providing a space between the roof surface and the deck to allow water to drain properly. Most terraces and decks, he said, are made of quarry tile, concrete paving blocks or wood. Quarry tile, which is set in mortar over a base of crushed stone that provides drainage, is attractive and expensive. And, because of its semipermanent installation, it is impossible to repair the underlying roof surface without ripping up the tile itself.

Paving blocks, which are usually placed on slightly elevated footings to allow for drainage, are less expensive than quarry tile and can be removed easily if repairs are necessary.

Pavers, however, are heavy -- too heavy for some roofs.

Wood decks, however, are relatively lightweight and inexpensive.

Bart Seymour, president of Decks by Bart, a Brooklyn contractor, said that wood roof decks should be installed in sections small enough to allow for easy removal should repairs to the roof become necessary. The lumber that is used -- cedar or southern yellow pine -- is usually chemically treated to withstand the elements. As a result, Mr. Seymour said, some people cover parts of the deck with Astroturf carpeting to prevent children from coming in direct contact with the treated wood.

In some buildings, he said, Astroturf carpeting is the deck.

"In Manhattan, people try to utilize whatever outdoor space they have," he said.

Indeed, there are times when rooftop amenities seem to appear out of thin city air.

Illegal Installations

"One of the most common problems we run into are illegal terraces and decks," said Stephen Varone, Director of Operations for Rand Engineering, a Manhattan engineering company. Generally, Mr. Varone said, the Building Code allows only 20 percent of the roof surface to be covered with decking.

"Another problem is the height of the parapet," he said, referring to the short wall that runs around the perimeter of many rooftops. "If it's not 42 inches high you run a safety risk. Even if you're using the roof illegally, you still want to know it's safe. And remember, a foot-high deck at the edge of the roof can make a 42 inch parapet only 30 inches high."

Neil Davidowitz, a Manhattan lawyer who conducts workshops on roof terraces at the yearly conference of the Council of New York Cooperatives, said that compliance with building codes and safety requirements are essential to insure proper insurance coverage.

"And make sure that your insurance policy specifically covers the use of the roof," Mr. Davidowitz said, explaining that failure to do so could expose the co-op to potential liability. In addition, he said, it is also important to insure that roof decks or gardens will not void any warranty on the roof itself.

"Terraces and roof gardens can really improve the quality of life in a building," Mr. Davidowitz said. "And they can have a decent impact on resale value, too."

From The New York Times, July 14, 1996.

  • RAND Engineering & Architecture, DPC
  • 159 West 25th Street
  • New York, NY 10001
  • P: 212-675-8844
RAND Engineering & Architecture, DPC
159 West 25th Street | New York, NY 10001
P: 212-675-8844 |