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Association blocked access to boiler for a City of Chicago inspection


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#1 Sayzme

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Posted 29 January 2013 - 02:24 PM

I live in a 10 unit condo in Chicago. The common basement area contaiins the boiler which provides hot water to all units. The main water shutoff for all units is near the boiler. All unit's electric breakers are in the common basement. The storage units for all units are in the common basement. As an owner I'm trying to qualify for the CHA housing voucher program. I had an initial inspection which found many issues in my unit and the common basement area. I've fixed all the issues in my unit. I've pointed out the code violations to the Management company & board. They fixed some items. The code violations related to the boiler remain. I had a followup inspection today and to my surprise, the association locked the doors of the common basement area to prevent inspection access. No access to storage, electric breakers, main water shutoff, etc. If a breaker trips and my heat goes off, I can't turn my heat on in the middle of winter. I failed the inspection because there was no access to the boiler. Until the boiler is checked I can't pass and get into the program. I'm losing rental income because of these actions. What recourse do I have against the Management company & board?

#2 pg1067

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Posted 29 January 2013 - 03:07 PM

Let me start by saying that I have no clue what the "CHA housing voucher program" is or how the events you described are causing you to "los[e] rental income."

With that said, it is unlikely that your condo board/management company has any obligation to assist you in your efforts. Whether unfettered access to the basement is required depends entirely on the terms of the condo association by-laws and any other governing documents.

When you called the condo board/managment to report that the basement was locked and ask that it be unlocked ASAP, what response did you receive?

#3 Sayzme

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Posted 29 January 2013 - 03:17 PM

The CHA voucher program provides affordable housing to low-income families to rent quality housing in the private market via federal funds provided by the U.S. Department of Housing and Urban Development (HUD). I rung the doorbell of a board member, he ignored me after he found out it was me. The managment company did not respond.

There must to be access to the common basement otherwise how would an owner access his/her storage unit and electrical panel?

#4 pg1067

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Posted 30 January 2013 - 07:20 AM

There must to be access to the common basement otherwise how would an owner access his/her storage unit and electrical panel?


The implication here is that it is logical that you should have access to the basement. With that I agree, but it's irrelevant. The only relevant question is whether the by-laws and other governing documents give you that access.

#5 Sayzme

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Posted 30 January 2013 - 10:52 AM

The implication here is that it is logical that you should have access to the basement. With that I agree, but it's irrelevant. The only relevant question is whether the by-laws and other governing documents give you that access.


The by-laws do not have specific language allowing or preventing access to the basement. Similarly, the by-laws do not have specific language allowing or preventing access to building entrances, walkways, backyard, back porches, hallways, staircases and garbage dumpsters.

#6 adjusterjack

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Posted 30 January 2013 - 03:58 PM

The by-laws do not have specific language allowing or preventing access to the basement. Similarly, the by-laws do not have specific language allowing or preventing access to building entrances, walkways, backyard, back porches, hallways, staircases and garbage dumpsters.


What are you waiting for? Buy one of these:

http://www.homedepot...1&storeId=10051

http://www.homedepot...1&storeId=10051

The 36" ought to work on just about anything.

But the 48" makes you king.

Cheaper than a lawyer.

And if it's not a padlock there are other ways to get in to where you are entitled to be.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 Guest_FindLaw_Amir_*

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Posted 06 February 2013 - 02:28 PM

Have you contacted the association to address this concern?

#8 legal2013

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Posted 15 February 2013 - 12:45 PM

HOO RAY adjusterjack! You said it! A storage locker is a limited common element and you have every right to access it.

#9 legal2013

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Posted 15 February 2013 - 12:47 PM

Sayzme you also responded very well to point out the bylaws "specific" language. Well done. I think I'll use that logic someday.




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