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How do we control who goes on the roof of our HOA condo building?

By OurHOA · General information · Revised

How a condo board locks the roof hatch, keeps a key log, signs contractors in with insurance, watches fall protection and handles rooftop equipment installers.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Treat the roof as a locked work area that only the association opens. Put a keyed or restricted lock on every hatch and roof door, hold the keys with two named people, and write down every trip up: who, when, why and when they came back down. Contractors get on the roof only after they sign in and the association has their certificate of insurance on file. Owners, tenants and their vendors do not go up at all without written board approval. None of this takes a big budget. Most buildings can do it with a lock change, a clipboard and a one-page rule. The rules on who controls common elements vary by state and by your declaration, so read both before the board votes. This guide is general education, not legal advice.

Where the board's authority comes from

In most condominiums the roof is a common element, and state condo law gives the association power over common elements. In Texas, Property Code section 82.102(a)(6) lets the association regulate the use, maintenance, repair, replacement, modification and appearance of the condominium, and 82.102(a)(10) lets it grant easements, leases and licenses over the common elements. Florida Statutes section 718.113(1) puts maintenance of the common elements on the association, except where the declaration assigns a limited common element to an owner. In Colorado, C.R.S. 38-33.3-302(1)(f) and (1)(i) give the association the same two powers: regulate the use and modification of common elements, and grant licenses and leases over them. Check the declaration before you lock anything. A penthouse owner may hold a rooftop deck or terrace as a limited common element, and that owner needs a path to it. Townhome and duplex communities where each owner holds title to their own roof are a different case, and the board's control there is usually limited to architectural review.

Lock the hatch and track the keys

Walk the building first and list every way onto the roof: interior hatches with fixed ladders, stair doors to a penthouse, exterior ladders on the back wall, and any fire escape that tops out at the parapet. Each one needs a lock. Use a restricted keyway, the kind a locksmith cuts only on an authorized signature, so nobody can copy a key at the hardware store. A padlock whose combination gets texted around the building stops being a lock within a year. Before you put new hardware on a stair door, ask the fire marshal or the building official whether that door is part of a required exit or firefighter access route. Local fire codes set the rules there, and some doors must open from one side without a key. Issue keys to two people, usually the board president and the maintenance chair or the manager. Keep a third in a lockbox for the fire department if your fire marshal asks for one. Every time a key leaves someone's hands, it goes in the log.

Sign contractors in and check their paperwork

Roof work is where an association's insurance gets tested, so do the paperwork before anyone climbs. Ask every roofer, HVAC tech, gutter crew and antenna installer for a certificate of insurance that names the association as an additional insured, and read it against the job. Our guide on how to check a vendor certificate of insurance walks through the lines to look at. Ask about workers' compensation too, because the rule depends on the state. Texas makes coverage elective for private employers under Labor Code section 406.002(a), so a Texas contractor may carry no workers' comp at all. Ask what covers a worker who falls, and decide whether the board will hire a contractor without it. Florida's definition of employment in section 440.02(20)(b)2 reaches every construction employer with one or more employees. Colorado's employer definition in C.R.S. 8-40-203(1)(b) covers anyone with one or more people working in the business. At the building, the contractor signs the log with the company name, the lead worker's name and phone, the work to be done and the time up and down. Whoever holds the key opens the hatch, confirms it gets locked again, and walks the roof afterward for cut membrane, loose panels and dropped screws.

Fall protection belongs to the contractor, but watch for it

The association is not the contractor's safety officer, and the board should not try to direct how a crew works. It should know what federal rules expect, though, so it can spot a crew with nothing tied off and stop the job. For general work such as HVAC service on a low-slope roof, OSHA's rule at 29 CFR 1910.28(b)(13) requires a guardrail, safety net, travel restraint or personal fall arrest system when work is less than 6 feet from the roof edge. Between 6 and 15 feet, the same protection is required, and a designated area is allowed only for work that is both infrequent and temporary. For roofing crews, 29 CFR 1926.501(b)(10) requires protection on low-slope roofs with edges 6 feet or more above a lower level, and 1926.501(b)(4)(i) covers skylights and other holes more than 6 feet above a lower level. If your building has permanent roof anchors, keep the installer's paperwork in the association's records and hand a copy to each contractor who plans to use them. An open hatch is a hole too. Tell the key holder to stand by it or close it.

Rooftop equipment and the people who install it

Sooner or later someone asks to put something on the roof: a cell carrier, an internet provider, a solar company, or an owner with a satellite dish. A carrier or provider gets a written license or lease approved by the board, never a verbal yes, and it should cover access hours, escorts, insurance, roof penetrations, removal at the end and what the carrier pays. Texas 82.102(a)(10) and Colorado 38-33.3-302(1)(i) supply the authority; our guide on whether an HOA can sell or lease common area property covers the vote and the money. In Florida, a new structure on the roof can be a material alteration of the common elements, and section 718.113(2)(a) requires following the process in the declaration. An owner's dish is a different case. The federal over-the-air reception devices rule at 47 CFR 1.4000(a)(1) protects antennas on property within the owner's exclusive use or control, which a shared roof usually is not. Whatever goes up, require that any penetration be made or sealed by the association's roofer, so a hole cut by a stranger does not void the roof warranty.

Wording the board can adopt

Sample rule: 'Access to the roof is limited to persons authorized by the board. Roof hatches and doors stay locked at all times. Keys are held by the president and the maintenance chair and may not be copied or lent. Contractors must provide a current certificate of insurance naming the association as additional insured before access, sign the roof log on arrival and departure, and use fall protection required by law. Owners and residents may not go onto the roof or send vendors there without written board approval.' Sample motion: 'Moved to adopt the roof access rule as presented, to replace the locks on all roof hatches and doors with restricted keys at a cost not to exceed $___, and to distribute the rule to all owners within 30 days.' The roof log needs seven columns: date, name and company, purpose, who issued the key, time up, time down, and a check that the hatch was locked again. Keep it in the same binder or folder every time.

Mistakes boards make

The most common one is a combination lock with a code that the last three vendors and half the owners know. Change the lock, not just the code, when you start the new rule. Another is letting the manager or a single director hold the only key, so a leak on a holiday weekend waits until Tuesday. Boards also forget the vendors who come on behalf of owners, such as a dish installer an owner hired or a plumber venting a new water heater through the roof, and those are the people most likely to cut into the membrane. Skipping the walk-back after the job lets damage go unreported until the next storm. The last is adopting a rule without notice to owners. A rule nobody has seen is hard to enforce, so send it out and keep proof that you did.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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