D.P. from Cook County, Illinois writes:
Dear Mister Condo,
I’m on the top floor of my 45-unit condo. I have a limited common element roof above my unit. The previous owner built a skylight. Is it possible to build additional space in the limited common element?
Mister Condo replies:
D.P., that is an interesting question. It is not uncommon, but not unheard of, for limited common areas to be modified for additional use by an owner. Of course, the owner cannot make this decision on his/her own and the Board will most certainly have lots of concerns about the cost of converting the area and the ongoing expense of maintaining the improvement. For this reason alone, it is quite typical for Board to simply deny any modification to the original building by the owner. Skylights, in and of themselves, are typically a modification of the roof. As long as the Homeowner or the association agree to maintain the skylight in perpetuity, I can see where the skylight is a reasonably allowed modification. As for your particular modification request, it really will depend on what type of modification you are considering and the attitude of the Board. Good luck!