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  1. #1

    Default Condo Package and Delivery Policies

    My question involves a condominium located in the State of: Massachusetts

    We live in a condo which has a locked lobby and a concierge desk inside. There is normally a concierge or super around, and this is how the mail man, ups, fedex get into the building (the mailboxes are inside). We recently purchased this condo and I was just given an "addendum to board's meeting minutes" that I had not received previously when reviewing all the bylaws, etc before purchase. The letter basically states that the association can choose whether or not they will sign or allow for any packages at any time without notice to owners. Is this even legal? Since our mail service is in the lobby this would mean they are overriding USPS service not to mention ups, fedex, etc.

    Here is an excerpt from the letter that I have a particular problem with:

    "I agree that the condominium association and it's managing board and agents have no obligation to notify me or any occupant or addressee upon signing for or accepting any package or delivery, and that the condominium association and it's managing board and agents reserve the right to dispose of any such package or delivery if it is not picked up by the addressee within fourteen days after the delivery date, without any liability to any unit owner, tenant, occupant or addressee."

    Scary, isn't it? They can sign for a package, not notify me, and then do whatever they want with it? This not only appears to violate federal mail laws, but personal property rights as well. There is no mention of this an any of the bylaws and I don't know if any legal counsel was involved in creating this letter.

    Does anyone have any specific experience in this area?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Condo Package and Delivery Policies

    Having been a condo owner, there's certainly two sides to the issue.

    It would be nice to have not only a conveneint concerige service, but to be able to hold them to the highest standards. Because this is not a perfect world, the HOA and management would certainly go out a purchase insurance, post bonds for individuals, if they are held responsible, because in this litigious world, someone will sue.

    The problem I found in most condo situations is condo boards face complaints about escalating monthly fees, and if it's paying top dollar for insurance or keeping condo fees low, keeping fees low wins hands down.

    As to not being responsible for keeping stuff over 14 days, my dad owned a cleaners before he retired, and beleive it or not, people have sued after not claiming their stuff for two years. A line has to be drawn somewhere.

  3. #3

    Default Re: Condo Package and Delivery Policies

    I appreciate the response, but I'm hoping someone with legal experience in this area can chime in. If you read the statement except through it's pretty ridiculous. I don't have a problem with a limit on how long they will hold packages for, but if you receive something and they do not notify you, then discard, that is unacceptable. Not only that, there is no clear policy on exactly what procedures they will go through regarding packages, e.g. - they can choose both whether to reject, accept, discard packages all without notification.

    I have also owned a condo in the SF bay area and NYC and have never ran into this contract language.

    Quote Quoting SChinFChin
    View Post
    Having been a condo owner, there's certainly two sides to the issue.

    It would be nice to have not only a conveneint concerige service, but to be able to hold them to the highest standards. Because this is not a perfect world, the HOA and management would certainly go out a purchase insurance, post bonds for individuals, if they are held responsible, because in this litigious world, someone will sue.

    The problem I found in most condo situations is condo boards face complaints about escalating monthly fees, and if it's paying top dollar for insurance or keeping condo fees low, keeping fees low wins hands down.

    As to not being responsible for keeping stuff over 14 days, my dad owned a cleaners before he retired, and beleive it or not, people have sued after not claiming their stuff for two years. A line has to be drawn somewhere.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Condo Package and Delivery Policies

    As far as NY law is concerned, the courts here have held the powers of the condo boards to be pretty absolute. You have to petition to have the bylaws changed.

    I have condo's I owned for rental, and from time to time, I would recieve mail on proposed changes to the bylaws. Have you attended any meetings, or raised any questions with the board on this issue?? Raising the issue with the board is the first step.

    I haven't experienced issues of "package delivery", but the condo I lived in provided "dorrman/security" service, and night guards they hired had fallen asleep on the job, or couldn't be found. Questions were raised whether the condo is now responsible for the unit owner's safety. The condo board took the position they "did not assume that responsibility", and if push come to shove, will end the service, if it comes to that.

    My sister lived in a condo, broke both her legs with a slip and fall on the front steps of her condo, due to ice, and was out of work for six months. She chose not to sue the condo for negligience for the reason that if did, everyone would be stuck with legal bill assessment, not to mention a large assessment if she won.

    If you are new to the condo, perhaps there's been problems with this issue previously. For instance, I know people living in NYC who vacation in the winter months in Florida. Is the conceirge responsible for tracking them down, or hold the stuff for three to six months, or for forwarding?? I'm sure this is the type of problem they're referring to, not calling you in the evening to say a package came in that morning.

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