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JamesD22 (Texas)
Posts: 2
Posted:
The 180 unit mid-rise condominium building (Texas) in which I currently own two units is undergoing a major construction project to replace all of the window walls in the building. The project is expected to take over one year to complete. Very soon, the project will reach the unit in which my spouse and I live as permanent residents. My unit also contains an office space in which I run my four companies. My spouse and I manage the companies from an office in our unit. We were told that we must vacant the unit soon and will not have access to the unit until the construction is completed within our unit. (This may take 3 -5 weeks.) Since my office, my company phones and corporate documents are all located in the unit, it will be difficult to manage my businesses without having some access to my office during the construction period. I will move some of my office needs to my other unit in the building where will reside during the construction, but need would like to be able to access my office during non-construction times in the evening and on weekends to check company voicemail, get files I may need... My question: Can the board of directors of the condo association lock me out of my unit with no access for 3 - 5 weeks?
SheliaH (Indiana)
Posts: 6,964
Posted:
Read your governing documents - there may be some language in there about owner access when work like this is required. Check your homeowner's insurance as well - some have coverage where housing expenses are paid in such situations (mine covers it for a year). If you don't have it, I suggest you ask your agent about adding it when this is over (get it for your home AND business).

You haven't said if you asked the board about access during non-construction times, so I'd try that first - it may be that simple to fix this. It also seems to me this project has been in the works for some time, so I don't understand why you're asking about this now - you had time to plan.

As a practical matter, could you move the seldom-used documents to a self-storage unit? Could you get some cell phones to handle calls temporarily or talk to the phone company about dedicating a line or two to wherever you move to (I'm thinking cell phones would be faster but I don't know all the technical bafflegab around that). Why not tell your customers about the temporary location and encourage them to use email to contact you, noting it may take a wee longer to return calls or emails?


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
James

Where did the 3-5 week time frame come from? Seems like a long time frame for any given unit.
JamesD22 (Texas)
Posts: 2
Posted:
Since the unit access controls (door locks) are similar to that of a hotel, the first thing the construction company does is "electronically" lock you out of your unit. I've asked for access to my unit during the project, but since no other homeowner in the building seems to run a company from their unit, the board decided to make no exception. (Most units are used as second homes/vacation homes.) There's no direction in the by-laws or declaration to guide the board on a major construction project like this one. I have been in touch with the construction management team, but the only direction they have from the board is to lock out unit owners during the construction project. The reason for the lengthy lockout is the larger units (such as my unit) have huge floor to ceiling window walls (units overlook the beach) and make up most of the unit's exterior walls.

I will check into the insurance options for home and business.

Thanks for the input.
TimB4 (Tennessee)
Posts: 21,059
Posted:
forward your phones to another phone (your cell perhaps)
Other then files, which can be moved, there isn't much more that should be needed as email should be able to be checked anywhere you have an internet connection.

Liability wise, yes, I think that they can lock you out of your unit (as it will be a construction zone).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It doesn't sound like the HOA as much as the construction company. They are on the hook for accidents on site. So they want to limit access to the construction zone. Which can you blame them?

The HOA isn't responsible for your lifestyle. It's responsible for the care/maintenance of the building you are in. It's an inconvenience but not a responsibility of others.

I've had to work at home before during a few construction projects in my home. It sucked. No power, heating/cooling, and loud noises. Plus sometimes no security. Would not find it conducive to conduct business. So would recommend finding a temporary place to stay.

Former HOA President

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