I believe I know which building you are referring to. I too was told the same thing as I had a client looking at this building. They had the same concerns you had.
And while certainly it was evident that there was no "roof deck/patio," it was being marketed as such.
If I were representing you, I would have suggested that you contact the city of West Hollywood Building & Safety.
They can be found at the link below(and follow the link to contact them), or call (323) 848-6320.

Since this posting is old and all the units in the building have been sold, just keep this link for future reference. And remember, only contact them if the building is located in the city of West Hollywood. Just because the address reads West Hollywood 90069 doesn't mean it is in the city of West Hollywood-it just shares the zip code.

Hi Ray,
We are not sure the assertion that West Hollywood's fire department will not approve rooftop decks without a fire escape is correct. It's worth looking into whether that is really true because we know of several buildings with private rooftop decks. Two examples are 1260 N. Kings Rd. and 950 N. Kings Rd. Both have units with private rooftop decks. Maybe there is a ladder or something that can be called a "fire escape" but we don't remember one. Or maybe this is a new regulation and those units were approved before this regulation came into effect but it is worth asking the fire department if this is true. You should look into how those two complexes got approval for their rooftop decks because those units have been sold with them without problems.

Hello Ray,

I would think that adding such a deck would void the builders warranty. Any damage to roofs is usually covered by the HOA but it could turn into a big issue if some people do use the decks and some people don't and creates issues with the roofing. Find out if in the CC&Rs what is stated about the use of the roof and who covers what and what modifications are or aren't allowd. I don't see why at resale you couldn't advertise the deck. You could advertise it as a unpermitted deck. Or just disclose that the deck isn't permited as a deck. I would also request from the builder to get structural info that supports that shows the that the roof would support the weight of a deck. Also find out if insurance would cover any use of the deck/roof. Say there was a fire from a BBQ. Would that be covered. This could be a big can of worms. I've seen other decks in WEHO that are roof top decks. Are they saying each unit would need a fire escape or just that the roof would need a fire escape?

Best,

Monique Carrabba
The Reavis Group
Keller Williams
mcarrabba@kw.com