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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Can a full time resident and owner be denied access to his

Customer Question

Can a full time resident and owner be denied access to his home and storage unit while painting of a common walkway is performed on the walkwat which is necessary for access to his home and storage unit?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

Can you give a little more detail please.

Customer: replied 10 months ago.
Due to the wet paint on the corridor floor which needs to thoroughly dry, I will not be able to enter my condo nor storage unit for a week. The unit is my permanent home.
Customer: replied 10 months ago.
I do not wish to have a phone conversation.
Expert:  Damien Bosco replied 10 months ago.

You as a homeowner have a right to entry to your home or unit. They would have to take reasonable steps for you to enter into your home. Are they paying for you to live in an hotel? Wasn't there any notice? It takes paint one week to dry? This all sounds a bit bizarre. Is it because they are for storage only and you are using a unit as a home? Are they set up for a permanent home?

Customer: replied 10 months ago.
No offer was made to provide for temporary living quarters. I live in the condo; it is my permanent home. The storage unit adjoins the condo and has a separate entry. Ample notice was given by the assn. The paint is a special coating not regular paint which accounts for the needed extra dry time.
Expert:  Damien Bosco replied 10 months ago.

Are you the only one? Or is everyone else effected? Where is everyone living if they cannot get into their units?

Customer: replied 10 months ago.
I only know of three full time owner/residents out of 339 units, I have no idea as to their pl their plans,
Expert:  Damien Bosco replied 10 months ago.

Hi again: Well, as I mentioned to you, a homeowner is entitled to a right of entry. If there s a common access being renovated, it is supposed to provide reasonable access to the homeowner. If it cannot do so, then the homeowner could argue that they should be compensated for the inconvenience. If it can be done, that is provide access, such as a temporary walkway, that should be done. So either a temporary way to get into the premises, or compensation for the inconvenience.

Expert:  Damien Bosco replied 9 months ago.

Hello: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 starts for the service I provided to you. Best regards.