Condo Boards sometimes have to access the inside of units. There are a variety of reasons including repairs to common elements, access to shut off valves, inspections relating to repairs in other parts of the condominium building, or a myriad of other valid, legitimate reasons. The trouble is that governing documents like the condominium’s Declaration and Bylaws may not require such access and even if it does, a unit owner may refuse to grant the access.

Condo Boards sometimes have to bring suit for Court help with access. One condo, the Carriage House Condominium, found itself is such a situation. The Board there required access to Ms. Healy’s unit in order to to make repairs to AC condensers located in her unit that service other units in the condominium.

The Supreme Court ruled that upon one day’s notice, Ms. Healy had to allow HVAC workers performing repairs or services into her unit to perform necessary HVAC maintenance and repairs, and that any such HVAC workers be accompanied by an individual associated with the managing agent for the condominium.

Healy didn’t stop there. She appealed and on appeal the First Department affirmed the Supreme Court’s decision finding no abuse of discretion.

So, the Carriage House Condominium Board had to first try to get access to make the prepare through management. After that failed, they had to retain counsel to bring the lawsuit. The Condominium incurred legal fees to bring the suit and then make the motion and then fight the appeal because the unit owner wouldn’t cooperate. That’s a lot of legal fees, cost and time.

In the end, many condominiums find themselves having to employ the same course of action to obtain access to a unit. Most condominium Declaration and Bylaws provide for reimbursement of legal fees and costs for collection of common charges and other assessments, but not for the type of legal fees incurred for accessing a unit. There may be an end around with fine imposition (assuming a Board has the power to enact and impose such fines) but the valid fines typically will not cover the legal fees and costs.

Knowing all of this, Condominium Board should consider amending their Bylaws to change the legal fee provision and allow them to recover for situations other than just collection of common charges and assessments. It is important to do this correctly and in the end, after a unit owner vote is properly secured according to the bylaws and law, the amended bylaws will have to be recorded against the unit in the public land records before the amendment will be legally effective. This is yet another expense that will likely be well worth it. While a Board is amending the Bylaws, it ought to get the most bang out of its buck by considering other amendments that can be made at the same time as the costs associated with the amendment will be similar whether it is one or a few amendments being done at the same time to the bylaws.

Read the Carriage House Condominium v. Healy, Court decision here.