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Is it legal to add a balcony extension to a building?

Started by wearycyclist57 · · 👁 6 views · 34 replies

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Participants wearycyclist57placidviper12slycyclist342Anthony Stewart5Hannah StewartSteven Young23Steven Palmer12Nancy Howard4Kenneth Cruz67Timothy Nelson5Rachel Jones8Gary Kim3Alexander Myers4
Nancy Howard4 Nancy Howard4 Active Member
75 messages
joined Sep 2022
#21 ·
I’ve finally realized that in America, the real winners are the ones who play dumb when it comes to the law
I was walking past some apartment complexes recently and saw how everyone just takes it upon themselves to enclose their balconies with vinyl windows or turn them into extra rooms and stuff
And you know what the best part is? NOBODY CAN DO A DAMN THING ABOUT IT because you'd have to sue the entire building—which is everyone, since they all did the exact same thing—plus the architect who designed the whole layout, and honestly, these hideous modifications totally wreck the original vision of the project, and then you'd need some bureaucrat from City Hall to actually get off their lazy butt, show up at the property with the occupancy permit and the original blueprints, confirm that every single person is breaking the rules, and then somehow sue every living soul involved in those renovations
BUT that’s never going to happen, so you might as well just grab a sledgehammer, go to town on that wall, and do whatever you want because you only live once
Once you're the first one to pull it off, the rest of the whole building will follow suit with the exact same plans
Kenneth Cruz67 Kenneth Cruz67 Regular
376 messages
joined Oct 2017
#22 ·
Nancy Howard4 said:I’ve finally realized that in America, the real winners are the ones who play dumb when it comes to the law
I was walking past some apartment complexes recently and saw how everyone just takes it upon themselves to enclose their balconies with vinyl windows or turn them into extra rooms and stuff
And you know what the best part is? NOBODY CAN DO A DAMN THING ABOUT IT because you'd have to sue the entire building—which is everyone, since they all did the exact same thing—plus the architect who designed the whole layout, and honestly, these hideous modifications totally wreck the original vision of the project, and then you'd need some bureaucrat from City Hall to actually get off their lazy butt, show up at the property with the occupancy permit and the original blueprints, confirm that every single person is breaking the rules, and then somehow sue every living soul involved in those renovations
BUT that’s never going to happen, so you might as well just grab a sledgehammer, go to town on that wall, and do whatever you want because you only live once
Once you're the first one to pull it off, the rest of the whole building will follow suit with the exact same plans

How can you tell for sure that they didn't get the proper permits or neighbor consent?
wearycyclist57 wearycyclist57 MemberOP
13 messages
joined May 2022
#23 ·
Kenneth Cruz67 said:How can you tell for sure that they didn't get the proper permits or neighbor consent?

Man, I'm telling you, it's 100% true. Just look at those high-rises downtown. You've got one balcony fully enclosed, another one half-walled off... who on earth would sign off on that kind of inconsistency? Seriously, just look at those buildings. Nobody bothered asking for permission or consensus from anyone else, because if they actually had to follow the rules, it wouldn't look nearly this chaotic.
Kenneth Cruz67 Kenneth Cruz67 Regular
376 messages
joined Oct 2017
#24 ·
wearycyclist57 said:Man, I'm telling you, it's 100% true. Just look at those high-rises downtown. You've got one balcony fully enclosed, another one half-walled off... who on earth would sign off on that kind of inconsistency? Seriously, just look at those buildings. Nobody bothered asking for permission or consensus from anyone else, because if they actually had to follow the rules, it wouldn't look nearly this chaotic.

I suppose before we dive too deep into this, we should probably establish a clear definition of what actually constitutes an "enclosed" space versus an "open" one. From what I understand, the vast majority of those balconies you're pointing out are still technically classified as open spaces from an architectural, legal, and structural standpoint. 😉
Timothy Nelson5 Timothy Nelson5 Active Member
232 messages
joined Oct 2018
#25 ·
Nancy Howard4 said:I’ve finally realized that in America, the real winners are the ones who play dumb when it comes to the law
I was walking past some apartment complexes recently and saw how everyone just takes it upon themselves to enclose their balconies with vinyl windows or turn them into extra rooms and stuff
And you know what the best part is? NOBODY CAN DO A DAMN THING ABOUT IT because you'd have to sue the entire building—which is everyone, since they all did the exact same thing—plus the architect who designed the whole layout, and honestly, these hideous modifications totally wreck the original vision of the project, and then you'd need some bureaucrat from City Hall to actually get off their lazy butt, show up at the property with the occupancy permit and the original blueprints, confirm that every single person is breaking the rules, and then somehow sue every living soul involved in those renovations
BUT that’s never going to happen, so you might as well just grab a sledgehammer, go to town on that wall, and do whatever you want because you only live once
Once you're the first one to pull it off, the rest of the whole building will follow suit with the exact same plans

The issue actually started ages ago, I think. The people drafting these laws—and the ones doing it now—are intentionally designing the legal procedures so that folks end up moving out of state before they can ever actually get anything built legally.
Rachel Jones8 Rachel Jones8 Active Member
220 messages
joined Dec 2011
#26 ·
placidviper12 said:So, basically, you need the green light from historical preservationists, a building permit, and a unanimous vote from every single co-owner.

Even if you just want to knock down a partition wall and swap in some French doors?
Doesn't Previlnik say things are different for minor renovations and simple fixes?

Section 5.
Works allowed without a building permit, provided they follow the master plan
...
3. On an existing structure, you can:
a) merge separate units into one single unit
b) build roof dormers
c) add a new partition wall up to 0.6m or increase an existing one by
up to 0.6m
d) add new exterior or interior windows, doors, or other openings in load-bearing walls;

link
Gary Kim3 Gary Kim3 Newcomer
6 messages
joined Jan 2023
#27 ·
The exterior facade is considered a common element of the building, which means it’s actually owned collectively by every single unit owner in the complex. You can't just go ahead and change anything on the outside without getting everyone else to agree first; that’s just how it works under property law and the local building code.
Rachel Jones8 Rachel Jones8 Active Member
220 messages
joined Dec 2011
#28 ·
I was just reading some articles claiming you need everyone in the building to sign off before you can put in a balcony.
Are we talking about every single person in the unit or the whole entire building?
And does the same rule apply if I just want to swap in some French doors?
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#29 ·
To all building owners.
Rachel Jones8 Rachel Jones8 Active Member
220 messages
joined Dec 2011
#30 ·
Where can I find that online?
All I see is "all co-owners," but it doesn't actually specify who those people are... since every building has its own management company, maybe people just try to cut corners by only getting consent from their immediate neighbors in the same unit block?
Gary Kim3 Gary Kim3 Newcomer
6 messages
joined Jan 2023
#31 ·
Well, you can always check the deed to see exactly who holds the ownership stakes in the building. If the structure sits on a single plot but has multiple entrances, then the owners of every single unit in the whole complex are considered co-owners together, not just the people living in one specific entryway.
Rachel Jones8 Rachel Jones8 Active Member
220 messages
joined Dec 2011
#32 ·
Thanks.
wearycyclist57 wearycyclist57 MemberOP
13 messages
joined May 2022
#33 ·
Changing a building's exterior includes things like installing AC units, or putting up satellite dishes and TV antennas along with their mounts.

My point is that none of this should actually be happening, yet people do it constantly. But what's the real catch here? It really just comes down to how fast you can get the job done. Installing an AC unit or a satellite dish only takes about two hours, so it flies under the radar.

I mean, has anyone ever actually asked all the other residents for permission before mounting an antenna? Probably not. But it gets away with it because it’s a quick install and then you're done. That’s basically the whole trick. It’s not even about whether it’s allowed; it’s about how quickly you can pull it off. If you can wrap it up in two hours, it passes.

But when you're talking about installing French windows, that takes at least a few days of work. You'll likely need scaffolding, a construction crew, and workers milling around the hallways. Everyone in the building is going to notice, which gives plenty of time for someone to call building inspectors. If you could do that in two hours, it would slip through just like the AC units. That's the core of it, as far as I can tell.

That’s why I specifically asked if installing a skylight is permitted. I didn't get a straight answer here, obviously. But I know that falls under changing the building's appearance—since you're altering the roof, and the roof is common property. So, technically, you should need everyone's consent to put in a skylight.

However, I know for a fact the previous owner installed skylights without ever asking for permission. He didn't consult anyone, and he never ran into any issues with them. Why? Simply because the work was on the roof, and nobody even realized anything was happening.

And that's the bottom line. From what I've gathered, you aren't allowed to do anything that changes the exterior look of the building without getting consent from every single unit owner. That part is 100% clear.

So how is it that everyone is slapping AC units onto the building's facade and outer walls? Isn't that changing the exterior look? Those units stick out so much you can see them from a mile away.
Alexander Myers4 Alexander Myers4 Member
11 messages
joined Nov 2003
#34 ·
wearycyclist57 said:Changing a building's exterior includes things like installing AC units, or putting up satellite dishes and TV antennas along with their mounts.

My point is that none of this should actually be happening, yet people do it constantly. But what's the real catch here? It really just comes down to how fast you can get the job done. Installing an AC unit or a satellite dish only takes about two hours, so it flies under the radar.

I mean, has anyone ever actually asked all the other residents for permission before mounting an antenna? Probably not. But it gets away with it because it’s a quick install and then you're done. That’s basically the whole trick. It’s not even about whether it’s allowed; it’s about how quickly you can pull it off. If you can wrap it up in two hours, it passes.

But when you're talking about installing French windows, that takes at least a few days of work. You'll likely need scaffolding, a construction crew, and workers milling around the hallways. Everyone in the building is going to notice, which gives plenty of time for someone to call building inspectors. If you could do that in two hours, it would slip through just like the AC units. That's the core of it, as far as I can tell.

That’s why I specifically asked if installing a skylight is permitted. I didn't get a straight answer here, obviously. But I know that falls under changing the building's appearance—since you're altering the roof, and the roof is common property. So, technically, you should need everyone's consent to put in a skylight.

However, I know for a fact the previous owner installed skylights without ever asking for permission. He didn't consult anyone, and he never ran into any issues with them. Why? Simply because the work was on the roof, and nobody even realized anything was happening.

And that's the bottom line. From what I've gathered, you aren't allowed to do anything that changes the exterior look of the building without getting consent from every single unit owner. That part is 100% clear.

So how is it that everyone is slapping AC units onto the building's facade and outer walls? Isn't that changing the exterior look? Those units stick out so much you can see them from a mile away.

You’re being incredibly stubborn, bringing up examples that aren't even remotely comparable. If an antenna can't be placed in a certain spot, you just take it down... easy.
All structural components of a building are considered common property owned by all co-owners. This absolutely includes the facade, which means you can't just go making any openings in an exterior wall without getting permission from every single co-owner first.
That attic apartment of yours was probably only converted into a living space recently, which explains why it lacks all the amenities other units have. You likely picked it up at a bargain price because of that... 😁

Look, if you’re talking about replacing French windows, we aren't just talking about a quick fix. You need several days of labor, probably some exterior scaffolding, a full construction crew, and workers crawling all over the stairwells. Every single resident in the building is going to notice that chaos, which gives them more than enough time to call in the building inspectors. If this were something that could be knocked out in two hours, it might fly under the radar. It's the exact same deal with HVAC systems. That’s the crux of the whole issue, as far as I can tell...

The bottom line is this: a dishonest person will always find a loophole to get exactly what they want. But an honest person? They’ll respect the property and their neighbors, or they simply won't buy a place that isn't a perfect fit for them in the first place.

That’s exactly why I asked if installing a skylight is actually permitted in the first place. I haven't received a single straight answer in this thread. I know for a fact that altering the roofline counts as changing the building's exterior appearance, and since the roof is a common area, you can't just do whatever you want. You’d need unanimous consent from all the neighbors before touching the roof...

You already received a straight answer on that, but since you can't handle it, you're back at it again with these pathetic excuses...

I know for a fact the previous owner installed those skylights without ever asking for permission. He didn't consult anyone, nor did he run into a single issue with them. And why wasn't there any pushback? Because the work was done up on the roof, and nobody even noticed...

This is exactly why these beautiful, historic buildings downtown are being ruined. Every single tenant just comes in and continues the cycle of neglect left by the last one. Meanwhile, the government agencies are completely useless...

But then how do you explain everyone mounting AC units right on the building's exterior? Isn't that just altering the facade? Those units stick out like a sore thumb—you can see them from a mile away...

Look, technically, AC units shouldn't even be mounted on the facade either, but at least those types of modifications don't mess with the building's structural integrity. You have to realize you can't compare a satellite dish to an AC unit, or a door cut into a wall, and this isn't just about aesthetics.
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#35 ·
wearycyclist57 said:Changing a building's exterior includes things like installing AC units, or putting up satellite dishes and TV antennas along with their mounts.

My point is that none of this should actually be happening, yet people do it constantly. But what's the real catch here? It really just comes down to how fast you can get the job done. Installing an AC unit or a satellite dish only takes about two hours, so it flies under the radar.

I mean, has anyone ever actually asked all the other residents for permission before mounting an antenna? Probably not. But it gets away with it because it’s a quick install and then you're done. That’s basically the whole trick. It’s not even about whether it’s allowed; it’s about how quickly you can pull it off. If you can wrap it up in two hours, it passes.

But when you're talking about installing French windows, that takes at least a few days of work. You'll likely need scaffolding, a construction crew, and workers milling around the hallways. Everyone in the building is going to notice, which gives plenty of time for someone to call building inspectors. If you could do that in two hours, it would slip through just like the AC units. That's the core of it, as far as I can tell.

That’s why I specifically asked if installing a skylight is permitted. I didn't get a straight answer here, obviously. But I know that falls under changing the building's appearance—since you're altering the roof, and the roof is common property. So, technically, you should need everyone's consent to put in a skylight.

However, I know for a fact the previous owner installed skylights without ever asking for permission. He didn't consult anyone, and he never ran into any issues with them. Why? Simply because the work was on the roof, and nobody even realized anything was happening.

And that's the bottom line. From what I've gathered, you aren't allowed to do anything that changes the exterior look of the building without getting consent from every single unit owner. That part is 100% clear.

So how is it that everyone is slapping AC units onto the building's facade and outer walls? Isn't that changing the exterior look? Those units stick out so much you can see them from a mile away.

First, let’s not conflate actual structural renovations—the kind where you’re altering the building's core integrity and permanently changing its silhouette—with mere assembly work, which carries zero risk to the building's stability and can be easily undone.
Furthermore, any work involving the building's exterior should involve consultation with either the homeowners' association representative or the property manager. This isn't just a matter of basic etiquette regarding shared property; it’s a legal requirement. There were likely agreements established regarding how this specific building is maintained long before you saw fit to invest your capital into that unit.
Thirdly—there are certain maintenance practices that were common around buildings throughout the 80s and 90s that simply don't fly anymore. This is especially true when dealing with older, landmarked structures. If you intend to continue this trend of neglecting and damaging historic properties, that is entirely your prerogative. However, do not expect us to sit here and applaud you for it.

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