💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ProsF (New York)
Posts: 1
Posted:
The cooperative manual does not have a provision for an annual unit inspection of the whole 60 units of the building.
The board would like to enact a resolution to have a yearly unit inspection. Is this against any existing law?
MichelleK5 (New York)
Posts: 161
Posted:
NO.
In NY, Cooperative law states that residents must provide a key for repairs and emergencies, NOT inspections.
I highly doubt your governing documents mention inspections too.

If you decide to go this route, be prepared for a ton of push back, and even law suits.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you have a legal question, talk to your association attorney.

You should also check your documents to verify whatever you want to inspect is the responsibility of the association. It's one thing to inspect parts of the common area that aren't in the unit, such as roofing, but I don't see going into every unit (usually the interior is homeowner responsibility).

If you're concerned that homeowner abuse or neglect of something in their unit may result in the common area being harmed (e.g. failure to fix a leak in the toilet leads to flooding in adjoining units), you might want to talk to the association's master insurance carrier about the best ways to address that, especially since too many claims could result in higher premiums or getting dropped altogether, and then prepare a resolution to that effect.

Finally, a formal policy on when the association may need to enter a unit (e.g. immediate threat to health and/or safety) would be helpful - work with your insurance carrier and attorney on setting it up and then educate the homeowners accordingly


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By SheliaH on 08/15/2017 12:06 PM
If you have a legal question, talk to your association attorney.

It's not clear if the OP is on the board or not. If the board wants to know if they can this, then your advice is right, talk to the association attorney. If a member wants to know if the board can do this, they should engage their own attorney.

Escaped former treasurer and director of a self managed association.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here