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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114799
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our senior apartment denies us the right to have guest or

Customer Question

Our senior apartment denies us the right to have guest or deliveries after office hours. The office is open Monday thru Friday from 9am to 4:30pm and closed after hours and week ends. When management is confronted about this matter we are told to have whom ever call first so we can meet them outside the front door. We cannot believe that UPS, FedEx would call first. Our biggest concern is in the case of emergencies. Management tell us the each of the three buildings have a firekeyswitch. A lot good that does if we need an ambulane or police. As far as the fire keyswitch goes, we have three buildings with six doors each. No seems to know we're these keyswitch are. Does this whole thing sound right to you?
Bill Christensen Customergmail (###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is the issue with these association properties that are governed by tenant management companies or even owners associations, they are allowed to set the delivery schedules where they will allow deliveries. I even have complaints of some homeowners associations that refuse to allow deliveries after certain hours. However, UPS and FedEx will call the recipient if that is in the delivery instructions. As far as guests, they cannot refuse to allow you to have guests visit you and if they have such a rule, that would have to be fought based on them denying you reasonable use and enjoyment of your premises, which is guaranteed as part of your lease. They can insist that the occupant go down to let the guest into the building, like they are doing with deliveries, since they do not have to provide an employee to do so unless your lease states they provide that service.
As far as emergency access, the laws say they have to provide emergency access to the property and if they are not doing so or if nobody knows where the emergency access keys are for police/fire/ems, then you need to complain to the local building inspector to come out and do an inspection to find out where they are so that emergency services access can be provided as required by law.