Condominium (mis)management problem

[wolfie]

Background: My building has a history of keys entrusted to the superintendent being misused (on one occasion, I woke up to hear tradesmen in my living room, when I had not given permission to enter - other residents have had items mysteriously vanish). As a result, when the lock failed some years back and had to be replaced, I didn't turn over a copy of the key, since I could not trust the building (mis)manager to not abuse it.

This month, I received some notices indicating that they would be entering my home (note that they didn't ask permission, but stated that they would be coming in) for a reason I considered to be B.S. I responded with a letter detailing the past history, and stating that they did not have permission to enter.

When I got home, there was a notice taped to the door saying I should see the superintendent to get a copy of my new key - they had BROKEN IN. There was also a letter from the corporation's shyster dated Tuesday, saying that they would be entering that afternoon, and the letter served as final notice (how is it notice if it can be expected that I won't see it between delivery and when it would be acted on?) - and by the way, I owed them close to $400 for breaking into my home.

I was under the impression that one of the "perks" of owning a home was the right to decide who gets in - now I find that someone I do not trust has decided that even when permission to enter is explicitly denied, they feel that they can come into my home whenever they damn well want to, and I have no right to stop them. As a result of this, I no longer feel safe in my own home. What am I supposed to do?

On an unrelated matter, the condominium corporation has screwed the pooch in relation to parking (short form - they have altered things which are set out in the building's declaration, a document which provides a legal description of the building). Since my parking space is unaffected, I have ignored this - until now. Should I press them for documentation on the circumstances under which the declaration was amended (it wasn't - to do so would require a massive majority of unit owners voting in favour, and notification of all unit owners, which I didn't receive) to allow for this change? After all, if they screw me around, I can screw them around with a request for corporation documents which they are required to have in order to permit the parking change, but which they don't have (because the documents don't exist).

[Seshat]

I'd call the police. A break-in is a break-in. They had no authorisation to be there, ergo, crime.

[It's me]

Unfortunately you probably are stuck with fixing the door.

Usually in an apt. condo you have to provide a key to the building super, even if you own the unit. The reasoning is that if there is something like an overflowing toilet in your unit flooding the unit below they need to be able to deal with it.

So there is almost always specific provisions in the condo documents outline when building management can and cannot enter your unit.

Finally, odds are you don't actually own the door or the lock. Usually doors and windows are considered part of the common property. But again, check your condo documents.

All this isn't to say that your super is trustworthy.

[Seshat]

However, this was not an entry for an emergency such as broken piping. Therefore, it's almost certainly trespass.

Unfortunately, at this point it's probably your decision here: take it up with Small Claims, or with whoever is responsible for enforcing real estate law. Or try to handle it without bringing law into it.

I strongly recommend finding out what your legal rights are, so that you can confidently (and accurately) state your case.

Heck, write them a letter citing exactly which clauses and paragraphs of the relevant laws they're breaking, and ask them to play nice in the future.

[wolfie]

I'd call the police. A break-in is a break-in. They had no authorisation to be there, ergo, crime.

According to the note they left, there were 2 police officers supervising the break-in.

[MaggieTheCat]

Still look into the local laws and figure out exactly what they are allowed and not allowed to do and when they can legally enter your property. The management may have told the police some false information (they've lied to/deceived you, what makes you think they wouldn't lie to the cops?) to get the police on their side; the officers who were there may not be clear on the specifics of these particular laws; or management may have just outright lied about the police being there in the first place.

[Seshat]

<points to what Maggie said>

Exactly this. Find out what the police thought was happening, tell them what was happening from your POV. The cops will probably want to know.

[emt_cookies]

I would start digging in my paperwork if I were you and also pulling up your state laws regarding condos. I pulled up my state's laws and it says that the property managers can enter a unit when there is an imminent risk of damage to people or the common elements or another unit.

[Seshat]

A police uniform (and all the training that goes with it) doesn't give a person inherent knowledge of all the intricacies of every possible branch of law.

The police supervising the break-in probably were there to ensure that minimal damage was done to the door, and that the only things done were whatever task they'd (supposedly) informed you of. That your property was not stolen, apartment not vandalised, etc.

If your research shows that they supervised an illegal act, then the police record of what was done will be evidence in the case against your condo management. How's that for irony?

(Oh, and the officer who sent the cops out to supervise it is likely to get - ahem - 'encouraged' to brush up on his knowledge of real estate law.)

[draggar]

Local Law YMMV but -

Condo - YOU own, they shouldn't have 24/7 access (but check the bylaws - it could be written into them)

I'm in my second condo and I've never had this - whenever the management needed access to our home they always requested in advance and tried to schedule when it would be convenient for us, unless it was a mass- visit (like post hurricane damage checks)

[Dilorenzo]

Yeah, like draggar says, I was always of the opinion that Condos are owned by the occupant, even if there's a super. Still, I've not lived in one, so who knows.

Regardless, that whole situation sucks.

[Seshat]

My understanding for the majority of condominiums/apartments/etc:

The owner of the individual condo/whatever owns the interior space, and all fittings and fixings to the interior space that are not directly part of a shared system.

Shared systems, such as (potentially) heating, water pipes up until they reach the individual condo, driveways, common garden spaces, hallways, lifts, and outer walls are owned by the condo owners in common; usually represented by a management agency.

If a problem in an individual condo affects another condo, or the shared spaces, a representative of the condo-owners-in-common (usually a building manager or super) is entitled to enter and deal with the problem.
The urgency of his entry depends on the urgency of the problem: a black-water* sewerage leak, a fire, or a dangerous electrical issue means immediate entry. A very slow drinking-water or rain-water leak means he's entitled to enter but must give notice.

If a problem in an individual condo doesn't affect others, or the company just wants to make a change for some reason, notice must be given and entry can probably be legitimately denied.


* black-water = from the bowl of the toilet, or the sewerage pipe downstream of that.
* grey-water = used laundry, shower, bath or kitchen water but not immediate biohazard.