Situation
An owner sought to expand his unit by building additional living space on the roof of the association, which was allowed under the condominium association declaration. Simply allowing the build-out on the roof would potentially give rise to possible claims against the association board, the unit owner and the association.
Result
Husch Blackwell and the unit owner’s attorney were able to agree on an amendment to the declaration that ultimately benefited everyone. The roof unit could be built and the other unit owners would pay lower assessments as their percentage interest was reduced as a result of the additional square footage in the association.