Is Overhanging Condo Roof “Immediately Adjoining”?

G.B. from outside of Connecticut writes:

Dear Mister Condo,

I live on a fourth floor, end unit. The third floor roof extends beyond the dimensions of my unit. I am preparing to request a grant from our trustees for exclusive use of the limited common space on the rooftop above the third floor unit, adjacent to mine. Is the third floor unit considered to be “immediately adjoining”, thus requiring the third floor unit owner’s consent?

Mister Condo replies:

G.B., unless your condo documents offer a clear definition of “immediately adjoining”, I am not sure you will have an easy time getting your exclusive use request granted. From your description, it sounds like the roof is immediately adjoining but “sounding like” isn’t the same as “being”, which is why we have many attorneys practicing in the area of law dealing with such things. If you don’t anticipate an objection from the other unit owner involved, I think it would be wise to seek the third floor unit owner’s consent before making your request. That way, either immediately adjoining or not, the Board should be able to review and grant or deny your request. Good luck!