Cohousing-L Mailing List: Exterior modifications

[Diana Carroll (dianaecarroll]

Hey all, has anyone dealt with this situation?

We are structured as a condominium in which individual homeowners own their
walls inward, and the studs out are common property.

We want to allow owners to make exterior modifications to their buildings,
such as decks, ramps, skylights, etc. But we want the homeowner, not the
community, to be responsible for the maintenance of the structure, as well
as to assume liability for any issues the modification may cause...e.g.
damage to exterior walls from a leaking skylight, someone getting injured
on an poorly maintained deck, etc.

We've had this policy in place all along, and it is not controversial, but
until just recently no one has actually done anything with it.  Now we have
our first request, so we need to figure out how to make it happen.

As a trustee my concern is primarily with what happens when the current
owner sells and a new owner moves in.  I want to make sure that they remain
legally liable for maintenance of the modification that extends into common
area.

So, has anyone else solved this?  In the case of a ramp or deck or other
projection into common space I was wondering if perhaps an easement is the
right solution.  But what about a sky light or similar?

Note our question isn't about policy...we have already consensed on the
principle...but about legal implementation.

Thanks for any insight.

Diana for Mosaic Commons in central MA