My sister owns a condo that she uses four weeks a year. However, the maintenance man seems to interupt every vacation she has here with some kind of inspection. He shows up with no notice and demands that the inspection occur right now whether it's at 11 pm at night or 9 am in the morning. He refuses to reschedule. What does Massachusetts law state when it comes to notification of inspections (i.e. in writing 24 hours beforehand?) as it pertains to a condo?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Not sure I understand the question. If your sister owns the unit, and is not a tenant, then any right the maintenance man has to enter the unit will be governed by the condominium documents. Your sister should look through the documents and the by-laws. If the maintenance man is making non-emergency entries into the unit at odd times, your sister should take the matter up with the condominium association.
Follow Up Question
Ahhh, okay that makes sense. I'm sorry to confuse. I thought tenant law would cover condos too since they have some similiarities with apartments particularly with respect to maintenance of the buildings. Nothing in the condo association laws/bi laws talks about this so I would assume my sister needs to take it up with the condo association as you advise. If she does that it would probably be productive that she not only complain, but also provide a suggested solution. A suggested solution based on existing laws that govern rental properties might be an option. Is there a law regarding rental properties and how much notice is given to rental tenants by a landlord? Also does it have to be in writing? If so, how long in advance and what is the method of communication to the tenant?
Editor's Response
You can follow this link to a discussion about the landlord's right to enter a unit.