New York, NY — Securing exclusive rooftop rights can significantly alter the living experience, especially in a city like New -York where living space is at a premium. To assist prospective penthouse buyers in New York’s cooperative buildings, co-op real estate attorney Natalia Sishodia recently released a comprehensive guide aimed at clarifying the legal and practical aspects of securing these coveted rooftop privileges.
Sishodia, a partner at Sishodia PLLC, emphasizes that understanding rooftop rights is critical due to the legal complexities and potential misunderstandings associated with New York City’s real estate landscape. “In our city, outdoor space is not just a luxury; it’s a rare commodity that can greatly enhance the quality of life,” she noted, highlighting the challenge that New Yorkers typically face when looking for spacious accommodations.
In her advice, Sishodia points out the importance of the terms “appurtenant” and “adjoining” in proprietary leases of co-op buildings. She explains that their interpretation bears directly on whether parts of the building’s roof are considered an extension of the penthouse itself or a separate entity. This differentiation can substantially affect a buyer’s rights and expectations. She further cited the case of Rushmore v. Park Regis Apt. Corp. as a key legal precedent, where it was determined that rooftop areas directly accessible from a penthouse did not necessarily constitute an appurtenance vital for the enjoyment of the penthouse.
Sishodia stresses the necessity of thorough due diligence for buyers. She advises that prospective purchasers need to know exactly what exclusive roof rights they are obtaining, as these rights can broadly vary. Detailed examination of the co-op’s offering plans, amendments to bylaws, board minutes, and financials is indispensable.
The proprietary lease often includes a provision explaining that the premises leased to shareholders encompass “rooms in the building partitioned as of the lease’s execution date, which are designated by the established apartment number, along with associated features.” It typically stipulates, “If the apartment includes a terrace, balcony, or part of the roof adjoining a penthouse, the lessee shall have exclusive use of that area.”
However, even if an offering plan highlights exclusive roof rights, Sishodia underscores the importance of fully understanding what these rights entail, which might necessitate additional agreements for access, safety enhancements, and possibly the construction of features like protective decks.
Additionally, Sishodia’s article touches on the comparative aspects of condos and penthouses within the city’s dynamic property market. While penthouses offer exclusivity, upscale amenities, and greater privacy, they are accompanied by higher costs and increased maintenance responsibilities. Conversely, condos may offer more practicable and affordable housing options, though they can lack the distinctive features and ample space found in penthouse suites.
Sishodia concludes by reinforcing the importance of specialized legal guidance in navigating these complex issues within New York City’s real estate market. “Our objective at Sishodia PLLC is to empower our clients through comprehensive understanding of their rights and options,” she asserts. By providing personalized attention and detailed due diligence, the firm aims to assist clients in making informed decisions to achieve their real estate goals effectively.
Sishodia PLLC, located in the heart of New York City, continues to dedicate its practice to assisting clients in smoothly navigating the intricate real estate environment, ensuring they face fewer surprises and more success stories in their property endeavors.