Condo Q&A; : Turning Over Key to Unit Raises the Issue of Privacy

Question: I live in a three-story condominium complex consisting of 30 units. Our declaration of covenants, conditions and restrictions states that the association must have a key to each unit. This has not been enforced and I am one of the owners who has never complied.

Now the board president is sending reminders that I must provide my key to the association. The thought of someone having access to my home is very unsettling. I do not want to give the board of directors my key. What are my rights and obligations?

Answer: In general, you are obligated to comply with the CC&Rs;, however you also have the right to protect your personal property and your privacy.

Keeping owners’ keys is a huge liability for the association. It is a legal issue and an insurance issue. If the board has not established procedures to ensure that the keys are handled responsibly, they should do so immediately with the advice of the association’s attorney and insurance agent.

You have a right to know who keeps the keys and under what circumstances the key would be used to enter your unit. Because you live in a small building, it is unlikely that strict procedures are in place. Does the board president keep all of the keys? What happens when the board president is not at home?

The on-site personnel of a large high-rise should have written key control procedures. The unit keys are usually kept in a locked cabinet or a safe that is accessible only to certain individuals. Some associations require that the unit key be sealed in an envelope by the owner and, if the seal is broken, the circumstances must be documented in a key control log. There are usually owners who refuse to provide a key to management despite the strict security procedures.

If there is a fire or police emergency in your unit, your locked door will probably be destroyed. That is a risk that you assume under any circumstances.

Emergencies can occur that are not life-threatening. A water leak can be very destructive in a short period of time. If the water leak occurs in your unit and damages other units, you may be held liable for the damage. If the association’s lack of a key increases the damage, will that increase your liability? You should discuss these matters with your insurance agent and your attorney.

Jan Hickenbottom is a community association management consultant and a founding director of the California Assn. of Community Managers. She selects questions of general interest and regrets that she cannot respond to all questions. Send questions to: Condo Q&A;, Box 5068, Thousand Oaks, CA 91360.