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Old 07-24-2013, 02:45 PM
 
1 posts, read 1,946 times
Reputation: 10

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Hello,

I am an owner of a condo in Queens. For people that do not when you own a condo it's not too different from a coop where there are by laws to adhere by. With condo there is the condo board that over sees things. BUT...how far can they go?

I receive a letter from a lawyer that represents the condo board stating that I have to update my carbon monoxide detector . If I do not the condo board will break into my home and place a new detector and all the charges will be to me.

Now I don't mind up dating a new detector (I already have a carbon monoxide detector) but the letter sounded threatening by stating that they might break into my home.

I am wondering if anyone knows if the condo board has the power to do this or not?

Or is the letter just a threat?
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Old 07-24-2013, 05:37 PM
 
12,120 posts, read 28,537,570 times
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the power to do it may depend of whether it's some kind of real estate or property law or not. about a decade ago i think there was some kind of law that carbon monox detectors had to be installed in all apartments. i remember my super came into my apt with a key when i wasn't home and i found a new detector installed on the wall. maybe the state atty general's office could tell you
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Old 07-24-2013, 06:46 PM
 
Location: Confines of the 101 Precinct
19,563 posts, read 34,662,046 times
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Who cares...how much is a new smoke/CO detector? 30 bucks???
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Old 07-24-2013, 06:58 PM
 
11,289 posts, read 21,744,561 times
Reputation: 8905
Quote:
Originally Posted by kwak76 View Post
Hello,

I am an owner of a condo in Queens. For people that do not when you own a condo it's not too different from a coop where there are by laws to adhere by. With condo there is the condo board that over sees things. BUT...how far can they go?

I receive a letter from a lawyer that represents the condo board stating that I have to update my carbon monoxide detector . If I do not the condo board will break into my home and place a new detector and all the charges will be to me.

Now I don't mind up dating a new detector (I already have a carbon monoxide detector) but the letter sounded threatening by stating that they might break into my home.

I am wondering if anyone knows if the condo board has the power to do this or not?

Or is the letter just a threat?
There are pages of laws about these detectors. Check nyc.gov if you want to waste a lot of time figuring out whether your condo board is just trying to avoid fines by the city. Or if you don't want to waste all your time reading about the details, just do what they say and update the detector. Your choice.
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Old 07-24-2013, 07:05 PM
 
9,520 posts, read 14,819,994 times
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You should have an attorney write them a letter pointing out that the New York law on self defense allows the use of lethal force against home invaders, so breaking in to your home is not advised.

The law requires you to keep your detector up to date (I think they typically last 7 years from manufacture), and it puts the onus on the building owner (the condo association) to make sure it is. But I'm unaware of any law which would allow them to actually break into a condo owner's home to install them. It's a condo, you own the inside, you're not leasing it.
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Old 07-25-2013, 05:17 AM
 
Location: Manhattan
21,474 posts, read 28,343,153 times
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Quote:
I am wondering if anyone knows if the condo board has the power to do this or
not?
kwak,

They have the power of life and death over you. Keep your first born well hidden.


Just replace your CO tester if it is over 6 years old because the chemical package inside wears out (unlike a smoke detector which works on a radioactive isotope that will outive you, your grandchildren and THEIR grandchildren.)
Home Depot sells them for $20 and the City demands them.

First Alert Battery Powered Carbon Monoxide Alarm-CO400 at The Home Depot

My co-op replaced ours for free.

You can get a combo unit that combines smoke and CO for a little more...saves wall or ceiling space.
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Old 07-25-2013, 07:48 AM
 
1,119 posts, read 2,261,773 times
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@Op:

Did they REALLY use the words "will break into your home"? I think lawyers are smart enough to pick better words.
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Old 07-25-2013, 10:29 AM
 
Location: Brooklyn New York
15,586 posts, read 24,997,443 times
Reputation: 20847
Quote:
Originally Posted by kwak76 View Post
Hello,

I am an owner of a condo in Queens. For people that do not when you own a condo it's not too different from a coop where there are by laws to adhere by. With condo there is the condo board that over sees things. BUT...how far can they go?

I receive a letter from a lawyer that represents the condo board stating that I have to update my carbon monoxide detector . If I do not the condo board will break into my home and place a new detector and all the charges will be to me.

Now I don't mind up dating a new detector (I already have a carbon monoxide detector) but the letter sounded threatening by stating that they might break into my home.

I am wondering if anyone knows if the condo board has the power to do this or not?

Or is the letter just a threat?
and while they are there, make them vacumm for you as well.
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Old 07-25-2013, 04:57 PM
 
627 posts, read 2,240,066 times
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Quote:
Originally Posted by bill83 View Post
@Op:

Did they REALLY use the words "will break into your home"? I think lawyers are smart enough to pick better words.
Agreed, I do not think these were the exact words.

Most by laws give boards access for certain things, repairs.

Some things (such as window guards) that while a unit owner responsibility, they have legal oversight to make sure it happens
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Old 07-25-2013, 07:42 PM
 
Location: Brooklyn New York
15,586 posts, read 24,997,443 times
Reputation: 20847
Quote:
Originally Posted by pureistheword View Post
Agreed, I do not think these were the exact words.

Most by laws give boards access for certain things, repairs.

Some things (such as window guards) that while a unit owner responsibility, they have legal oversight to make sure it happens

window guards are only if you have children 10 and under, or if you just want them.

my children are grown, im on the 4th floor, I dont have to have them and i dont
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