THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 16, 1994 TAG: 9407140357
SECTION: REAL ESTATE WEEKLY PAGE: 20 EDITION: FINAL
COLUMN: Common Ground
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: Medium: 54 lines
I'm on the board of directors of a condominium association, and our complex recently had some problems with the air-conditioning systems in several units. The problems seem similar, and the board wants to inspect the units so that all the repairs can be made together.
A couple of the owners did not want the board to inspect their condos. When we checked our regulations, we found that our documents only allow us to enter the units for emergency repairs.
What can a community association do to guarantee itself access to the units for legitimate reasons besides emergencies?
Many documents give community associations the right to enter a unit for inspections, maintenance and to correct rules violations. Without such a provision, an association's only recourse is to institute legal proceedings if an owner denies access to a unit.
Though the association will probably prevail in court, it is unlikely to recover attorney's fees. Thus, it is better for associations to adopt these or similar provisions on access to units:
An association will be entitled to enter the unit if the owner fails to respond to two separate requests for access.
An association will be entitled to enter the unit if the owner denies it access for a purpose permitted under the regulations, such as repairs. If the association incurs any expenses to enter the unit, the owner, in most cases, will have to pay for them.
Any costs not paid by the owner within 30 days will be charged to the owner as an additional assessment.
The association's entry into any unit under these regulations will not constitute a trespass.
If litigation results from an access dispute, the winner is entitled to have all court costs and reasonable attorney's fees reimbursed.
Such provisions would guarantee an association access to units in both emergency and non-emergency situations. The amendments would also protect the homeowners, because access would be restricted to only those purposes specifically permitted in the documents. MEMO: G. Robert Kirkland, president of a Virginia Beach property-management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community-association issues and are affiliated with the Southeastern
Virginia chapter of Community Associations Institute. Send comments and
questions to them at Real Estate Weekly, 150 W. Brambleton Ave.,
Norfolk, Va. 23510. To submit questions by phone, call 446-2033; fax:
446-2531. by CNB