Sunday, April 12, 2009

Are you aware?

When your Association approves any occupancy for any unit, the approved new resident completes an information sheet that is added to our UCO database. On that form is an emergency contact section that is then loaded into our database for use by the Village Security team.

Recently, a family member needed access to her parent’s unit to enable the discharge of said parent from a rehabilitation unit permitting her return home after recovering from a fall. Security was contacted and the decision was made by Security to allow this “emergency contact” into the village 5 days before the date access was necessary without any effort to confirm the circumstances, of which they had absolutely no knowledge. No effort whatsoever was made to seek authorization from the Association, assuring water would be turned-on, keys would be available, or even the facts of the required access.

The procedure under which Security operates is a standard operating procedure commonly known as “Post Orders”. In reading those procedures, I have not found any specific authorization where the 309 Associations have granted any power to approve occupancy, under any circumstances.

When this was brought to the attention of the Security committee, they felt they need to permit those “emergency contacts” to have access to enter the Village and look-in on residents they have been unable to reach, for whatever reason. I believe those arriving at the gate should be escorted into the village and when the resident is found to be ok and authorizes the guest entry, security’s job is completed. I do not believe they should usurp the Associations authority to permit someone to enter and occupy any unit unless they are unable to reach the Board of directors for such Authority. The Rover vehicle has a “Presidents” book that should provide the names of the Board and would permit the rover complete access to seek the mandated approval to permit unescorted guests, in emergency situations, into occupying a unit.

Since no effort was made to: verify the facts of the case or to contact the Board for approval, consider the alternative. Suppose this authorization was an emergency contact that was abusing this action and now both the Association and Security could be liable for enabling potential criminal behavior or requiring the Association to expel this unauthorized guest.

How would you respond to this matter??


Ed Black

1 comment:

Randall said...

The emergency contact list should include the disclosure that such person(s) will be permitted access to the Village to check on the occupant/unit, and that the association, UCO, or the security company will be held harmless due to any actions or behavior which is to the detriment of the occupant and/or his property.

Due diligence should be exercised by security in contacting the Officers of the association in each instance that entry for emergency purposes is being permitted. An "Emergency Access Report" form should be created by the Security Committee and used to document every instance of Emergency Access. The SOP clearly requires review by the Security Committee, and a legal opinion may be helpful as a guide to creating this SOP. This issue should be addressed at the Delegate Assembly by the Security Chair and a carefully developed SOP published in the Reporter.