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Perspectives

Court Grants Condominium Access to Unit to Perform Repairs

Cooperatives’ and condominiums’ governing documents typically authorize the Board and its agents to obtain access to units for maintenance and repairs. Most shareholders and unit owners will cooperate and provide access when required, but sometimes the Board may need to bring a lawsuit to gain access.

In Board of Managers of Carriage House Condominium v. Healy, 2021 N.Y. App. Div. LEXIS 249, 2021 N.Y. Slip Op. 00249 (1st Dep’t Jan 19, 2021), the condominium board sued a unit owner to enforce its right to access the owner’s unit in order “to make repairs to AC condensers located in [the owner’s] unit that service other units in the condominium.” The condominium moved for a preliminary injunction granting immediate access and the court “ordered that, upon one day’s notice, [the owner] allow HVAC workers performing repairs or services into [the unit] to perform necessary HVAC maintenance and repairs.” The court directed that “any such HVAC workers be accompanied by an individual associated with the managing agent for the condominium.” On an appeal by the unit owner, the appellate court upheld this order, while directing that the condominium post an injunction bond in the nominal amount of $1,000.