Trespassing by Condo Board

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lchiu

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My home that I own was broken into by the Condo Board for a sprinkler test that was scheduled on the week of Christmas 2005, right after the NYC Transit strike which I forgot about it. Notices were disseminated more than a week before of day of the test with a warning that doors will be broken down to get into the apt to avoid already surmounting fire violations due to the Condo Board's negligence to handle fire safety requirements and other prior negligence of the homeowners to respond to sprinkler issues for which I have complied thoroughly in the past and also, responded to the Board this time that I will be home that day for the test. By the time the test came around, I was sidetracked by the holidays and unforeseen transit strike that the sprinkler test slipped my mind and came home with a large hole in my door. It cost the condo to break the lock to my door and for me to replace the lock when I came home to learn that I will have to pay for someone else breaking and entering my door without consent. The Board is only willing to pay for half the total charges. First, I do not know if a sprinkler test is adequate and lawful reason to trespass a private home. The fire dept captain told me that not even the fire dept could enter an apt if it is not a life-threatening situation or a situation of a leak or bad-smelling food. Is it legal for a Condo Board to vote on entering an apt if there is NO civil danger involved under the circumstance, regardless if the Board have certain rights under the condo by-laws? Is there a law that protects the civil rights not limited to privacy and security that supersedes the by-laws of a condo? If so, please cite the law to me. Initially, I did not question the legality of breaking into a home for a sprinkler test because I did not have the intent to forget the appointment, but the Board and the managing agent treated the situation as if I was being defiant and eagerly broke through my home, even with the prior notice that I was going to comply with the requirement and be home. If I had an emergency outside my home that I had to immediately leave my home or town without opportunity for prior notice to the Board, would it be right for them to break down my home without investigating why I am not home? The Board did not try every means of contacting me before the break-in that day which they had alternative ways of reaching me. Should I be held responsible for any financial cost of this situation (i.e. the locksmith charges)?
 
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