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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What are the legal requirements that an Association must comply

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What are the legal requirements that an Association must comply with regarding allowing service people into the building to work on a unit owner's unit?
Does everybody have to provide 'license and insurance' or be refused entry?
That requirement makes sense for construction people like plumbers and electricians, but what about house cleaners of delivery people?
What are the consequences that may occur if non- construction people are allowed in?

Thank you for your question.

An Association is not necessarily responsible for limiting access to a building. The Association may voluntarily take on this responsibility, and once it does it must do so reasonably and not be negligent in the execution of its duties.

If the Association states that it will only allow in authorized individuals, then that means that either the Association authorizes the person's entrance, or an individual owner authorizes the entrance. Thus, where there is a delivery person that was asked to enter by an owner, the responsibility for that person is on the owner rather than the Association.

Obviously licensure and insurance requirements would be unreasonable requirements when talking about delivery people and housemaids. These individuals are not licensed by the government in the first place. And there is no need for insurance, as they are not doing any actual work on the building for which an insurance claim could be filed. So this sort of requirement would not be necessary.
Customer: replied 3 years ago.

Your answer is excellent and confirms my own beliefs. However, I am dealing with an otherwise very capable but also very stubborn Condo Manager. He insists that he will either do it his way, and ask everybody for the requirements, or 'report the absence of any person's requirements to the State'

I say, let him report it to the State if he wants to, it will only make him look silly, and will not affect the Ass'n. How say you?

Isn't the manager hired by the Association and under its control?

I think that this person doesn't know what they are talking about, and if they prohibit you from allowing people onto the property whom you directly authorize, you can sue him and the management company for impeding your rights as an owner. If those people do something which harms someone else, then this may create an issue. But it has nothing to do with them being insured or licensed.

Let him report it to the state...and find out that no one cares.
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