I'm a little confused. Is the total number on units in the condo TWO? If that's not so, what does the Board of Trustees have to say about this situation?
You do not have to get permission.
Possibly wait for the neighbor to leave for work or vacation? No harm no foul?
Alternately have fun with the court option.
This is an interesting situation and I hope you’ll keep us posted on the outcome. To me it sound like your neighbor is being unreasonable. Based on your reference to liability insurance, I’m thinking that your neighbor has other issues which you might want to address. As with most posts on this blog, there are always additional facts that seem to be missing.
You should probably see a lawyer. In the meantime, check your governing documents as to the definition of common elements and/or limited common elements. Your situation is unique being that there are only 2 units in the association that happen to be side by side and may not follow the general rules of thumb pertaining to condo associations. The documents may also grant easements etc.
The reference to blocking access is a bit confusing. Is the neighbor refusing to move his car etc. or is he just not granting permission? Does the neighbor have an issue with using his air space or an issue with damage to his property and/or inconvenience? The crane obviously has a boom. Can the crane operator use a larger boom that could access the property a little further away from the neighbor? What would happen if the crane just showed up and did what it had to do?
In some jurisdictions, small claims courts may not have the power to grant injunctive relief and I suspect that in any event doing so will result in delaying delivery of your new refrigerator which would be extremely unfortunate.
I’m wondering if this issue is similar to being “landlocked”. If so, an easement by necessity might be granted. Once again a lawyer is really what you need.
Seems like a lot of trouble just to get a refrigerator. Good luck.
Never live in a condo. A communistic and socialistic form of organization if there was ever one. On paper they sound wonderful. Sociopathic and controlling individuals manipulate their way onto the Board and then create a toxic environment and seem to be concerned for their own self interest. Never ever will I buy a condo or be part of a community that is self managed.
What a farce.
Good luck with the fridge. I would just "DO IT" when they aren't around. You were kind enough to take them into consideration when you probably did not have to since the contractor was insured.
AMEN Mr. Court! I would like to add bullying to your list. Unfortunately, too many owners are complacent to do anything about it and those that do are then bullied into silence through false harassment charges.
Just a comment asking will the crane be on condo property and if you are in the air does she have air rights to stop you. As long as you don't touch her property.
I would look into using an Aerial Lift instead of a crane. An aerial lift (or lift machine) usually operates from beneath or to the side to lift the refrigerator up. There are many variations of these machines, for example a small machine that can get close to the building, or long booms, or articulated arms to get in almost anywhere. You can google it, or call an equipment rental store for options and to get information on how they work, and to get a referral to a contractor who can do the work for you. Probably cheaper than the crane, too. Also, try calling a roofer for options.
Do not know what state this is in makes it hard to call. A high fork lift would have to be used to do ours. Neighbors would have no say so on this procedure..
Not a socialist or communist problem at all. Just an example of a selfish neighbor asserting his capitalistic property rights.
This could happen between neighbors whether or not they are in a condominium association
I wish you could give more info on why a refrigerator has to be lifted from outside to get into your condo, as this seems highly unusual.
Could it be your neighbor wants to nip something in the bud? Perhaps the neighbor thinks youy intend to always use this method, and eventually there could be serious consequences.
I could be wrong, but it seems as if you are saying that access to the kitchen in your condo, being on the topmost floor, requires you to use stairs to access,but for some reason you feel you cannot use these stairs, or that they present too much of a difficulty to use, therefore you have resorted to do so from outside the building.
Could it be your neighbor feels that you must take steps to correct such a defficiency in your unit (if it exists), rather than possibly endanger your neighbor's welfare or property?
Your neighbor might call the cops to stop you from hoisting a refrigerator from outside-there are city codes about this.
oddly enough, I observed the police come and stop and ticket a crane company from lifting stuff outside a condo building into an upper floor.
What I first thught was a simple thing has turned out to be a massive dilemma. To add to the discussion: Is it necessary to get a permit from the local building authority to use a crane? If so, and you get that approval, that may supersede any perceived neighborly phantoms.
I wonder how many of the people that leave a message actually live in a condo. I live in a 79 unit 5 story building and would live no where else but then I am a senior citizen.
must be a big refrigerator a kitchen on the 3rd floor that means extra water outlets for sinks dishswasher ect seems kitcen would be on 1st floor with bedrooms and dens up higher any way what does the company you bought it from suggest
I would get the needed consent and just go ahead and do it when your neighbor leaves. Who knows? He or she may never know you got a new fridge. In fact just do it and then you might say to your neighbor,''Did you know that I have a new refrigerator?''By the way how large is this fridge? I think you may need a permit but just check into this first. Then when he or she leaves who is causing problems then go ahead and and have it done. Wait til the neighbor needs one and someone causes them problems. Everyone needs a refrigerator. What goes around comes around.
We have a similar situation - an owner has water damage seeping from the above unit (owned by a board member and he refuses entry to find the cause). Any suggestions?
Fred, do your decs/bylaws state what constitutes emergency entry into a unit? Perhaps you or others have already given notice to this unit owner about the problem. City codes still apply to most states even to condos/hoas. It is in your best interest to make sure that the entire board is notified in writing, as negligence, lack of due diligence will be evident if the problem is not addressed properly.