My question involves a condominium located in the State of: NY
I live in a condo, and for many years the apartment bedrooms have been drafty (particular around the floors). Beneath the floors, they are exposed to the cold air as they are bay windows cantilevered over the first floor. The temperature drops into the 40s in the winter time even with the heat on.
The Board says that the windows and insulation are the responsibility of the Unit Owners, yet my position is that this pertains to the exterior of the building, outside walls, structural members, etc (Common Elements). This would include the insulation that is exposed to the elements outside. I have tried to request to have the floor re-insulated (from the outside), but they have been resistant. One other unit member took it upon himself to re-insulate the floor from the outside, and the Board is using that as an example that it is not their responsibility.
The bylaws state that the Common Elements of the condo will consist of all the Condominium except the Units, the rear yard, the portion of the basements owned by the first floor Unit Owners, and the outside walls and structural members, the roof, the land, buildings and improvements (other than the Units) comprising the Condominium, including the land under the Units and under the improvements, all utility or other pipes and material located outside of the Units, grass areas, and walks.
All maintenance repairs and replacement of the Common Elements of the property including, but not limited to, exterior walls, roof and roof members as well as all maintenance, repairs and replacements to any pipes, wires, conduits and public utility lines, any portion of which is located in one Unit and services another Unit or more than one UNit or so much of any pipes, wires, conduits, and public utility lines as are located in the Common Elements but serves one or more Units as well as patios, terraces, balconies and yards if any, abutting a Unit (except where such repair is caused by the Unit Owner's negligence) shall be made by the Board and the cost thereof shall be a common expense. All repairs to the exterior of any portion of the Condo must be made in conformance with the style and color initially installed by Sponsor, unless changed by the Board. The Board shall be responsible for all plumbing and electrical repairs occurring in the Common Elements.
I am trying to compose an appeal letter to the board, and need your advice. I'm hoping that I can write something with the highest probability of getting approval to insulate two bedroom floors from the outside (note one bedroom has a baby). Perhaps ask them to at least get a quote. The Board has been historically very tight with their money, and expects the Unit owner to insulate the floor from the outside.

