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legalgems, Arbitrator
Category: Real Estate Law
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Is is legal for the board of directors and property managers

Customer Question

Is is legal for the board of directors and property managers to demand a key to your private unit? They claim their insurance requires it, the state fire code requires it...I spoke with State Fire Marshall Ed Paulk, and he laughed and said absolutely not! There is no such rule or regulation.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  legalgems replied 2 months ago.

It is not illegal to request copy of keys, meaning that the board is allowed to have in their bylaws a requirement that all occupants provide a copy of the key. This is not uncommon, for if a person is not available and there is an emergency (ie leaking water) the board will be able to access the unit.

The board is under a fiduciary duty in regards ***** ***** the key, and can only use it for the expressed purposes as contained in the bylaws (ie emergency situations).

You can request to see a copy of the rule that authorizes this; if there is no such rule then one would not need to comply with the request.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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