New York's Cooperative and Condominium Community
While I am aware that the a superintendent may enter an apartment in an emergency situation i.e. gas leak, flood etc, does the Coop/Condo president have the right to access apartments? I am aware this has happened in my Coop in the past when the BP has entered apartments without the shareholders knowledge. Have you ever cone across this in your building?
Just thinking out loud here... if the Board President is the head of the cooperative corporation, the co-op owns the building, and the co-op and its Shareholders have a Landlord-Tenant relationship (which courts have found they do; check your PL), then in any emergency, the duly elected representative/president is acting in good faith on the corporation's behalf and would have both the right and responsibility to enter an apartment to take reparative action on behalf of the co-op's safety. (And, as an employee of the corporation, tasked with dealing with emergencies, so does the super.)
We're not talking browsing or window shopping or malignant invasion of privacy, but taking action in an emergency.
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I purposely posted the article to see if there were any situations where it would be permissable. The situations I am referring to would be at discrete times as the BP had his own set agenda to enter. As far as I am concerned this is illegal entry as he is/was in no way acting on behalf of the Coop/Condo
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In a word, yes. Our former BP did enter at least one apartment to my knowledge when occupants of the apartment below complained of water leaking from above. No idea how he got the key. Although on the board, I didn’t really have much say about such matters at the time. Seems to me that the super/management company should have gone in. For whatever reason, though, the BP took it upon himself to enter the apartment. The VP and VP’s wife also entered the apartment at the time.
It’s a great question. What were the circumstances around your BP entering shareholders’ apartments?
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i an sure the shareholder could start legal action iF this case was not an true emergency
unkless the super or residenbt manager ciuld not be summuned in a timeluy manner for the emergency, since resident mangers and suers have cells phones, woulds have to wonder why they couldn't be found, if a live in super, might look into why your having live in super if they cant report in, same with resident manager, there job is not 9 to 5.
as a ex public utility worker that had to be admitted to apartments in a line to locate the trouble. i would reqest the super stay with me of i would leave.
as far as a new bod member not having any say, i do not tink th courts woulds agree with you . protect your self, t next bod meeting nake a motion to place on minutes that you diasagree with such action and chck the minutes next meeting, you are liable if you know.
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Our Shareholders felt more comfortable with the BP accompanying the super on an emergency call.
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No BP or board member should have a right to enter someone's apt any more than a super does - only in an emergency or with a SH's advance permission.
No other SHs should be allowed to enter someone's apt either. We had apts with leaks, pests, sanitary issues, etc. and neighbors affected by them wanted to see for themselves that the issues were taken care of, even after we told them they were. One SH with damage from a leak refused to pay maintenance unless we let him see that the bathroom above him was fixed "to his satisfaction". This was resolved, and SHs were told that withholding maintenance could cause legal problems for them.
Just as some SHs think they have a right to see any coop documents they want to see,some SHs think they can enter any building area, including other apts, if it suits their purposes. Not so.
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Board members should not enter shareholder’s apartments unless give permission by owner. Board members come and go and others have their own agenda or vendetta against particular shareholders. Therefore entrance into Apt. can be no more than just an excuse. In my experience, when repairs were made to my apt. and super was authorized to enter with vendor, I found that the president had also entered my apt. with the super. Was it necessary for president to oversee super fix a flushometer? Entrance to Apts. should is by the super and managing Co.
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Check your Proprietary Lease. It probably contains something like the following, from Paragraph 25 of our own lease:
"Right of Entry: The Lessor and its agents and their authorized workmen shall be permitted to visit, examine, or enter the apartment and any storage space assigned to Lessee at any reasonable hour of the day upon notice, or at any time and without notice in case of emergency, to make or facilitate repairs in any part of the building or to cure any default by the Lessee ...."
That's simultaneously broad enough for usefulness and restrictive enough to protect shareholders. There are lots of legitimate reasons why "the Lessor and its agents" might need to enter an apartment, but there are even more reasons that wouldn't fall under this clause.
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I believe this is not permittable. In the evet of an emergency then yes we have the right to enter for the health and saftey of the building and its residents.
I work as a Resident Manager and in the buildings I have worked in and currently work in now that is the rule that we all respect, after all that is your home that you purchased. If it were a rental then the landlord could enter at anytime for what ever reason he could justify in inspecting his apartment. In a coop/condo things are different.
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