Asked and Answered
My condo has requested access to my apartment in order to make repairs to the plumbing lines located in the ceiling. Am I obligated to give the super access to make the repairs?
Yes. In all likelihood, the “Declaration” of your condominium provides for access to a unit owner’s apartment in case of emergency and in order to make repairs to the common elements of the condominium, provided the access does not unreasonably interfere with the unit owner’s occupancy. Plumbing lines in the ceiling of your apartment would constitute a common element owned by the condominium. It’s possible that the condominium might have to access your apartment for a number of days to complete the repairs. A recent case required the unit owner to permit access to make a repair that benefited the apartment above the apartment where access was required. Although the court ordered the access, conditions were imposed, including the payment of a daily $100.00 license fee and a limit on the number of days permitted to complete the repairs.
Check your governing documents, as each condominium or co-op might have a different approach when it comes to access. As long as the request is not unreasonable, it doesn’t make much sense to fight with your building, as sooner or later access will be granted. If the matter winds up in court, the refusal to initially grant access can get very expensive.
If the request is not reasonable or the repairs are so extensive that the unit owner is forced to relocate, the parties will have to agree to the terms on which the repairs can be made so that the unit owner can be properly protected against damage and properly compensated for any inconvenience.
