Ask Habitat: Requesting Advance Notice When the Board Needs Access to a Unit

HABITAT ANSWERS: It's possible for a board or its representatives to gain entrance to almost any apartment in its cooperative or condominium building — but there must be a valid reason. Nearly every property has rules and bylaws that require residents to open up their homes in case of emergency and to allow necessary work. Residents who refuse can be taken to court and even forced to pay the resulting legal fees. Knowing your access rights can save your board or managing agent a lot of time and trouble.

If a building is in danger of sudden catastrophic damage — for example, from a massive leak or an overflowing bathtub — experts agree that property managers who have no other means to enter the unit can also legally break the locks and enter an apartment — at the resident's expense.

The only question is what qualifies as an emergency. A situation that has already existed for weeks or months is not considered an emergency, and faking an emergency is against the law. Property managers who report one should be prepared to justify their claim if firefighters bust down the door and don't find anything.

The thing is, you need to review the paperwork. The standard offering plan gives the board or management permission to enter for "an appropriate purpose," such as handling an emergency. Even beyond that, some co-op leases give managers the right to randomly demand entrance to apartments to make sure that residents are following the rules, such as covering the floors with carpets.

That said, since this has been an ongoing situation, it can't hurt for you to approach the board and politely request to be kept in the loop so you can make arrangements should the plumber and super need to enter your apartment. 

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