In this dialog,Brenda deliberately installed the air conditioning unit in open defiance of the property manager. Brenda's lawyer meets the board's lawyer, and suggests that, in order to avoid expensive litigation, the board should accept the original plan and allow installation on the roof. Brenda's lawyer is Bob, and the board's lawyer is Gail.
Bob:That was a good lunch.It really hit the spot.Did you enjoy yours?
Gail:Very good, thank you. Shall we get to the matter at hand?
Bob:Yes,of course. I think I have an alternative that may solve everyone's problem.
Bob:My client believes the present installation is fine as it is but she wants to avoid expensive litigation, so in order to appease everyone, she'll move the unit to the roof at her own cost.
To prevent the conduit from being visible from the street,she is willing to pay to have it penetrate the roof.
Gail:You know the board can't allow that. The building's documents don't give them the authority.
Bob:I've received the documents.I think they do.
Gail:I don't know how you can say that. That's a major change to the building's common area, the roof.
Not only is it against the documents,it's contrary to state law.
Bob:Well, I don't see how you can call that a major change to the common elements.
We believe it's a minor change, and that it really affects no one but my client. Therefore, it is within the board's authority to grant my client's request.
Gail:Well, you may be right except for one thing: penetrating the roof will compromise its integrity , and that is a major issue.
That definitely moves it beyond the scope of board's authority.