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question iconHello, I currently own a townhouse with a party wall agreement. I would like to pursue building an addition on the rooftop deck of my unit, and I want to make sure that I adhere to all the county zoning/permitting laws as well as the party wall agreement as well. I’ve read through the document, and want to understand what I need to do in terms of the party wall agreement. Specifically, Article 7 (Use Restrictions) paragraph 1 states: “The Units located on each Parcel hereof shall be used for residential purposes only. No structures of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be erected or used on any portion of said property at any time as a residence, either temporarily or permanently, without the prior written consent of the other Owners.” I’m currently looking into building a pergola, outdoor kitchen, and flex room/addition onto my existing structure on my rooftop deck. Would this project require written approval from all of my neighbors pursuant to Article 7 Paragraph 1? Thank you, Jason
answer icon

Jason - We cannot offer legal advice here in this open forum especially since we have only limited facts. Chances are that you should obtain your neighbor's approval. IF you wish to pursue this without obtaining their approval or they refuse to deliver such approval then you should bring your Party Wall Agreement in for review by one of our attorneys.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
Real EstateMay 13, 2021
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