Condo Open Air Envelope 1

[structeng13]

I recently had a client ask me if I could provide assistance with turning his condo duplex into a townhome because he wanted to add another story to the building. He mentioned that a process called a condo open air envelope would have to be initiated, but I have never heard of this. Has anybody heard of this process or has suggestions? Thanks!

 

[Ron]

In a condo, the walls are common elements. An individual owner has no authority to modify such without full agreement of the condo association.

I believe what your client refers to is the potential for those common elements to be open for the period of time to construct which could adversely impact other owners.

I would be surprised if you could get concurrence from the condo association to do this. Way too much liability!

 

[structeng13]

Thanks for the info. As a follow up question about the fact that the building itself is a duplex. Assuming that it was not a part of an association, what steps would be necessary to the city to open up the building envelope for construction? Thanks!

 

[Ron]

Considering that it is a duplex under condominium law, you would still need the concurrence of the other owner, since you'll be modifying at least one common element. What do they have to gain in this process? Maybe nothing, so don't be overly optimistic that they'll embrace the idea.