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Hello All,
We are a 10 unit condo in Brooklyn, and undergoing a major roof repair program. During this process, it's come to the Board's attention that the metal railings on two Balconies are 1.5" below code height. Our bylaws state that repair and maintenance of the balconies is the responsibility of the unit owner, and structural repairs the responsibility of the Building. These rails sit on top of a Building wall. The Board is split on whose responsibility it is to pay for bringing up the railings to Code. Given these railings are not part of the Building structure, but rather on top of it, there is a view that it's the unit owner's responsibility. The by-laws have mention of facade and walls as part of building elements, but have no mention of railings.
Thanks!
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Because they are original building components and technically an extension of the rail/wall below them.
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