Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Do your Bylaws give the President of the HOA the authority to conduct any business relationships with suppliers like this?
Are the locks on the buildings owned by the HOA itself as a common element?
Does the HOA pay for the locks on the buildings?
Does the HOA maintain the exterior of the buildings?
If so, then they are common elements and the HOA is liable for their maintenance, which would include making sure that residents have the ability to access them. Which would include providing duplicate keys upon request and payment for a copy..
But if the President is being a jerk, you might just want to see if you can find someone else who has a key and borrow theirs to have a duplicate made by a locksmith as any locksmith can duplicate a key..
You could file a suit against the President for breach of contract for failing to provide you with access to the building due to him not supplying a duplicate key, but it would be much easier to just find someone with one and borrow theirs to make a copy..
Ok, then you are going to be forced to take legal action against the President for breach of contract for failing to act so as to provide you with access to the building..
In a situation like this, a "demand letter" from a local attorney threatening to sue the President personally for breach of contract and breach of fiduciary duty if he doesn't take action to ensure that you are provided a duplicate at your expense.
But I would also think that your Bylaws wouldn't give him unilateral authority to act on his own when determining who to do business with and that this would have to be a Board decision made after a meeting with the members. So that would further be a breach of contract on the President's part if he is acting without authority to interfere with the lock company.