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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  26 years of experience in general practice, real estate law and estate law.
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Is the association required to provide entry means for deliveries

Resolved Question:

Is the association required to provide entry means for deliveries (FEDX of UPS)?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question. When you say an entry do you mean an unlocked door?
Customer: replied 1 year ago.

The entry door is locked but has an access system that can be used by deliveries. The access has worked for years but now has been disabled by the association. Now we cannot get packages unless we are home to let them in. Since much business is done online these days this is a problem. We now have to go to the UPS or FESX facility to get packages.

Expert:  Attyadvisor replied 1 year ago.

I understand. Is there anything in your governing documents that addresses this issue?

 

I am not seeing any requirement in Davis-Stirling.

Customer: replied 1 year ago.

The governing documents are mute on the subject. They don't say one way or the other.

Expert:  Attyadvisor replied 1 year ago.
If there is nothing in the governing documents that is a problem.

Do you know why they disabled the service? You may have a claim against the board for breach of a fiduciary duty to maintain the locks.
Customer: replied 1 year ago.

the locks work but they disabled the codes that deliveries used. You have confirmed what I found out when I looked at the civil code.

Expert:  Attyadvisor replied 1 year ago.

There is nothing in Davis Stirling, however, the Act is being revamped as we speak.

I cannot understand why the association would want to make it difficult for you to receive packages.

 

I cannot understand why they would disable codes. Is there a security issue?

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 4174
Experience: 26 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you.

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