Submitted by disturbed on Mon, 05/18/2009 - 12:31
Posted in
I own one of 2 condo units in a two-family dwelling. The other condo owner has a boyfriend who owns a key to the common entrance. He steps outside to smoke and occasionally out of site, but does not lock the door behind him. When I have asked on several occasions (nicely) to please lock the door, he has repeatedly ignored my request. The condo owner takes his side and refuses to lock the door. What recourse do I have? Both unit owners are trustees. I have a majority 72% interest.
Editor's Response
Oh boy. This is the kind of question that might be better answered by a psychologist than an attorney. I say that because disputes between owners in two and three unit buildings can become so nasty, so quickly. It sounds like you are trying, but I encourage you to do all you can to communicate your concerns with your neighbor and see if you can come to an amicable agreement.
In any case, the answer to your question (your and the association's rights in cases of rule breaking and disagreement) is probably contained in your condominium documents. If failing to lock the door is a violation of the rule, the 'association' may have authority to impose a fine. Good luck, and please tell your friends about The Forum.