One thing is clear: in New York City, outdoor space associated with a cooperative or condominium apartment—whether a terrace, balcony, backyard or garden—may be the ultimate in luxury, especially in warmer weather. But whether that outdoor space is actually owned by the unit owner or shareholder is a question for which an answer may not be as immediately clear.
In addition to questions of ownership of the space itself, other concerns arise relating to the use of the outdoor space, the repair obligations relating to the area, and if license fees, additional fees or other costs for the use of the outdoor space can be charged by a board.
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