New Rule

Pursuant to Art. II, § 2(e) of the Bylaws of Skytrack Condominium, the Board of Managers has adopted the following Rule.  The updated Rules have been posted to the website, and a hard copy will be distributed to all owners.

BACKGROUND:

The purpose of this new rule is to clarify the matter of the ownership of and responsibility for drains, including roof and courtyard drains, and sewer and drainage pipes located outside of Units.  Pursuant to the Condominium’s Declaration and Bylaws, Owners have always been responsible for the maintenance of, repairs to, and any damage caused by, components within their Units (such as, without limitation, baseboard radiators, electrical wiring, plumbing fixtures, etc.).  Pursuant to Sections 5 and 6 of the Condominium’s Declaration, only the drains and sewer and drainage pipes that are within the bounds of each Unit – i.e., inside the perimeter drywall, above the subfloor, and under the ceiling – are owned by and the responsibility of the particular Unit.  That means that drains and sewer and drainage pipes located outside the bounds of Units are Common Elements.

Unless otherwise specifically provided by the Bylaws, responsibility for maintaining, repair or replacement of, and additions, alterations and improvements to, drains and drainage and sewer pipes is allocated as follows: to the Condominium when they are Common Elements (See Bylaws Art. VI, §§ 10(b) and 12; Declaration §§ 5, 6), and to the Residential Unit Owner when they are within a Unit (Bylaws Art. VI, §§ 10(a) and 13, Declaration §§ 5, 6).  Exceptions to these general principles include, but are not limited to, drains and drain and sewer pipes that have been altered or modified by a Residential Unit Owner (which in all cases requires advance Board approval); pipes that run through a Unit and serve more than one Unit; and damage caused by an Owner’s negligence, misuse or neglect. (See Declaration of Condominium § 5; Bylaws Art. VI §§ 3,10(b), 13.)

The Declaration of Condominium, Bylaws, and Rules are available under Documents on the menu bar on www.skytrackcondo.com)

THE RULE

The Condominium will continue periodically to inspect and clear debris from roof and courtyard drains to which the Superintendent has access without having to enter the Unit. The following Units have roof or courtyard drains which are only accessible by accessing the particular Unit: 1P, 1N, 1M, 1K, 1I, 1R, 3K, 3F, 1O, 1Q, 4. The Owners of the listed Units are required to agree in writing either to inspect and clear the roof or courtyard drain accessible from their Unit from potentially clogging debris each month and after major rain storms or provide the Superintendent, upon request, prompt access to such drain. Failure to fulfill a promise to inspect and clear a roof or courtyard drain or refusal to provide the Superintendent with the required access to a roof or courtyard drain will be considered a violation of the Condominium’s Rules and will subject the Unit Owner to a fine and potential liability for any damage caused by the backed-up roof or courtyard drain.