Q I am looking for information regarding service contractors (i.e., cable,
Internet) needing to set up a prior appointment to access the equipment that is
installed on owner's terraces. Does the unit owner have to be at home to let
the workers through their unit to the terrace to do the job, or can a super or
other building staff member open up the home and be there while the work is
done? What are the liability issues raised by having outside contractors
walking through private homes? Whose responsibility is it if some personal
property is damaged or stolen during the process?
—Concerned Condo Owner
A “The advantages to unit owners in not having to stay home to admit a vendor to
their unit are obvious but, equally obviously, allowing third parties onto the
condominium’s common areas, with potential access to other units, and into an otherwise
locked unit, presents obvious liability and security issues to the association,” says attorney Clive D. Martin from the Boston-based law firm of Robinson & Cole. “The association can avoid some foreseeable problems by requiring written
authority from the unit owner whenever he or she requests management to allow a
third party into the unit, or to release the unit’s key to that third party in his or her absence. The association should create a
Unit Admittance Form, and require any unit owner requesting access for a third
party to sign it, giving specific details of the date, time, name of visitor
and purpose of visit. The form should make clear whether the admittance is for
one date only or multiple dates. The form should state explicitly that
condominium personnel are not expected to remain in the unit with the third
party, but that their authority is simply to admit the person into the building
or into the unit. It should contain a release, making clear that the owner
agrees not to hold the association or its management company liable for any
damages or loss perpetrated by the third-party inside the unit, and a hold
harmless agreement that the owner will indemnify the association for any damage
caused by the visitor elsewhere in the condominium, e.g. to common areas or
other units. The form has significant legal ramifications and the association
should consult with counsel in drafting it. But however carefully drafted it
is, it is useless if not signed, and the Trustees should require strict
enforcement. Obviously, the form should be kept in the condominium’s records in case of a subsequent claim.”
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