TIC owners squabble over improvements

Must whole building pay for top unit's insulation upgrade?

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Q: We have a two-unit Victorian and are converting the units to condominiums. My tenancy-in-common partner, who lives in the unit above me, is installing a new heating system and is running ductwork in the small attic space. There is old insulation that was blown in decades ago, and his contractor says it should be removed so new insulation and electrical work can be done. I am fairly sure that he envisions the insulation as being placed between the roof rafters, and since it is part of the roof, then it's "common," meaning that I would be obligated to help pay for it. However, from what I have read, insulation is not placed on the underside of the roof but above the ceiling. I read the following definition in our TIC agreement: "A 'unit' is a designated boundary dwelling within the TIC property. The boundaries of each unit shall be the perimeter walls of the dwelling units in the buildings, including both the boundaries themselves and the air space so encom...