The terraces adjacent to apartments on the 2nd and 3rd floors are to be considered primarily a ROOF and must be treated as such.
Nothing can penetrate the new roof surface because it must be protected from any damage that would cause a water leak or void the warranty. The Board will not allow anything placed on the roofs/terraces that will compromise the surface and/or cause additional maintenance for FSH staff and/or cause additional costs to the Association. Although only a few apartments have access to the roofs/terraces, these areas are Limited Common Elements and are the responsibility of the entire FSH Association, as defined in and governed by the Master Deed (see Master Deed references below).
The following guidelines apply to all roofs/terraces adjacent to these apartments: 202, 204, 205, 206, 207, 210, 301, 302, 303, and 304. Prior to placing any furniture and/or other materials on these roofs, the owners of these apartments must submit a description of the items they plan to place on the roofs to the Board for review. If the submitted items are in compliance, then the Board will approve the proposed item(s). Note that all plant containers must be on wheels, all other items must be easy to move or also on wheels, and the collection of all items can occupy no more than 20% of the allocated space for each respective roof/terrace.
- Items Permitted on the Roofs/Terraces
- Appropriate, well-maintained, and reasonably sized patio/outdoor furniture: each apartment is allowed one table and the appropriate number of chairs for the table on their section of the roof/terrace. Chaise-lounges are acceptable if there is sufficient space (not to exceed the 20% limit). Table & chairs and chaise-lounges must be of wood, PVC or plastic. The Board must approve all furniture (and other items) before anything is placed on roof/terrace.
- Each apartment may have a maximum of 5 planters in approved plant containers (on wheels) on their section of the roof/terrace. Plants can be no taller than 12” above the top of the wrought iron railing. The railings are 40 inches high, so 52 inches is the maximum height for any plant. The Board must approve the containers before they are placed on roof/terrace.
- Each apartment may have one table umbrella: the anchor base for the umbrella must be rubber or plastic, and must sit on a platform with wheels so that it does not touch the roof surface and can be moved easily; when the table umbrella is not in use, it must be closed and tied down for safety (to avoid the possibility of becoming airborne).
- Items Prohibited on the Roofs/Terraces
- no material that consists of metal, concrete, or ceramic;
- no permanent or semi-permanent structures, such as walls or pavers;
- no gas or charcoal grills, hibachis, fire pits or open fires, appliances, propane or butane tanks, lanterns, torches, lit candles, electric extension cords, or similar items;
- no water fixtures including birdbaths, fountains, or other similar items;
- no storage containers, picnic coolers, water storage containers, and similar items;
- no water hoses (when watering plants or foliage with watering can, water must not cascade below and watering can must stay inside the apartment);
- no enclosures, awnings, shutters, screens, shades or similar fixtures attached to, hung in, or used in connection with the roof/terrace;
- no laundry, including clothes, bathing suits, towels, clothes lines, drying racks, rugs, or bedding items;
- no garbage or trash of any sort whether loose or in containers or bags;
- no bird or animal feeders or other items related to pets, including crates, litter boxes, or animal bedding;
- no recreational equipment including bicycles, swings, tricycles, or similar items;
- no interior household items, including but not limited to pots, pans, brooms, mops, buckets, cleaning supplies;
- no objects or debris of any type may be thrown, dropped, or swept off the roof/terrace;
- no item may be hung from or affixed to the wrought iron railings (except during month of December for holiday lights and with Board approval);
- no outdoor decorations (except during month of December for holiday lights and with Board approval).
It will be the responsibility of the Fort Sumter House Staff to routinely access all roofs/terraces to clean them and monitor their condition. It will be necessary that they periodically enter apartments on the 2nd & 3rd floors that have access to these roofs/terraces. Every effort will be made to notify the resident/owner at least 24 hours in advance when such cleaning will take place.
The roofs/terraces must look good from the street and from above. The Board retains control over what goes on the roofs/terraces. Because it is not possible to list every item that may damage the new roof surface or be deemed visually offensive, owners/residents must get approval from the Board prior to placing anything on the roofs/terraces. The Board is not responsible for and will not reimburse purchases made for items that are not approved.
1. What is expected of the Association regarding the roofs/terraces (limited common elements)?
The Association is responsible for the maintenance and repair of these spaces – see sections from the Master Deed below:
- Master Deed #15 MAINTENANCE OF LIMITED COMMON ELEMENTS requires that the Association be “responsible for the maintenance, repair and replacement … of all limited common elements.”
- Master Deed Exhibit H BY-LAWS SECTION VI MAINTENANCE UPKEEP AND REPAIR #2 Common Elements (a) says that the Association is responsible for the “maintenance and operation of the common elements, both general and limited.”
2. What is expected of the Owner/Resident regarding the roofs/terraces that are appurtenant to their Apartment?
- Owner/resident will follow the guidelines above. Failure to follow guidelines may result in escalating fines.
- Owner/resident will provide FSH staff access to Apartment to facilitate maintenance of the roofs/terraces, and in case of emergency.
- Owner/resident will not place items on roofs/terraces that could be blown off in a high wind. Owners will be responsible for any damage or injury that occurs should anything be too light and become airborne in high or gusty winds.
- The FSH staff will periodically clean and maintain the roofs/terraces. In-between these visits, the owner/resident will ensure that potting soil and dead plant debris is swept up and properly disposed of and is not washed down the drain. This includes debris that accumulates as a result of weather. Any such material which clogs the drain and causes leaks to the spaces below will be repaired and billed to the owner responsible for the clogged drain.
- Owner/Resident will comply with Master Deed Exhibit F #4 EXTERIOR APPEARANCE that says “The common elements, both general and limited, shall be kept free and clear of rubbish, debris, and other unsightly materials.”
Master Deed References:
MD #8 DESCRIPTION OF LIMITED COMMON ELEMENTS are described as follows: apartment corridors (floors 2-7), elevators (floors 2-7), elevator lobbies/shafts & related (floors 2-7), stairs & stair wells, (floors 2-7) electric room, pump room, laundry room, utility & trash rooms, pool area, parking areas, terraces & balconies, and the 2 entrances to #101.
RULES AND REGULATIONS #2 states: “The view of an Apartment from the exterior and all exterior areas associated with, appurtenant to, or connected with an Apartment shall not be painted, decorated, or modified by any owner in any manner without prior consent of the Association, which consent may be withheld on purely esthetic grounds within the sole discretion of the Association.”
Fort Sumter House Board of Directors
January 12, 2017