The New Jersey Condominium Act provides that a condominium association shall have access to each unit from time to time, during reasonable hours, as may be necessary for the maintenance, repair or replacement of any common elements therein, or accessible therefrom, for making emergency repairs necessary to prevent damage to common elements or to any other unit or associations.
State law and governing documents generally provide that the association may have access to a condominium unit upon reasonable notice. Generally, reasonable notice is held to be at least 24 hours notice. However, in the case of an emergency, generally defined as a threat to personal safety or property, an association can seek immediate access without providing notice. For example, if it is discovered that a pipe has burst within a unit and the owners are either not present or unresponsive, it would be reasonable for the association to gain immediate access to that unit. However, if it is for routine maintenance or inspection, I generally advise my clients to provide the unit owners with a minimum of 48 hours advance notice. It is important to check your Association's governing documents as they may have more specific instructions and limitations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
