| The board, through
its agents, has the right to access a unit in order to carry out its
duty to maintain, repair or replace the common elements. In addition,
the board may have access to the units for making emergency repairs where
there is risk of damage to the common elements or other units.
Although the law gives this right to an association's board of managers, the enforcement of this right must be exercised with caution. The law generally does not favor "self-help" remedies. The board should establish a reasonable system to schedule non-emergency repairs that require access to the units, making arrangements with the unit owners for the representatives to gain access to the unit. The board's representatives must strictly limit their activities to the repair tasks at hand, and refrain from conducting "inspections" of the unit or any other actions. When possible, more than one person should be present. In the event that a unit owner refuses access to the unit, the board may not breach the peace or use any force to gain entry. Except in emergencies, the board must exercise legal remedies, such as a court order requiring access, instead of entering without the owner's permission. As for emergencies, it may be necessary for a board representative to enter without notice to the unit owner. If it is a bona fide emergency, and there is no reasonable opportunity for providing notice or obtaining approval, the board may enter the unit for the sole purpose of eliminating the emergency situation. Further repairs can only be made after arrangements are made with the unit owner. Reasonable efforts must be made to keep the premises secure and to safeguard the unit owner's property. After entering the unit, the board should contact the unit owner as soon as possible in order to inform the unit owner of the situation. The board should obtain advice of legal counsel before attempting to exercise this authority. |
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