An unwelcome surprise awaited many co-op and condominium boards beginning in 2017, which will continue to surprise boards through 2018 and thereafter, when five-year inspections under the New York City Department of Buildings (DOB) Façade Inspection Safety Program (commonly known as Local Law 11/98) (LL11) are required to be performed. Boards learned (or will learn) that the DOB is enforcing a requirement that sets a strict 9th Cycle deadline by which balcony enclosures must be legalized or removed. Failing to do so could result in the building’s inability to timely file a “Safe” or “SWARMP” LL11 inspection report with DOB.

This column discusses the dilemmas posed by this DOB policy, how we got there, and makes recommendations to boards, managers, owners, and to the DOB as to how to best address such dilemmas in an equitable and practical manner.

DOB Balcony Enclosure Regulation