COMMON AREA KEYS

By Adrian J. Adams, Esq., Adams AuCoin & Kessler LLP

Q:  The board recently re-keyed the building and gave keys to all residents. Absentee owners requested keys for themselves. Is the board required to give keys to absentee owners?

A.  No. When owners lease their units to tenants, they transfer their common area rights to their tenants. Liebler v. Point Loma Tennis Club. As a result, absentee owners do not have a right to common area keys. There are valid reasons for such restrictions. The first is security. The more keys in circulation, the less secure the building becomes. The other reason is facility usage. If both owners and tenants have access to facilities, it increases the load on those facilities. Accordingly, associations may limit access by limiting the distribution of keys.

Even though boards can restrict distribution of keys, absentee owners may still enter the property as guests of their tenants. They also have the right to attend board meetings and annual meetings and to vote, with or without tenant permission.

Adrian J. Adams, Esq., is a Managing Partner of the law firm of Adams & Kessler LLP