Condo converstion Problem with access to HVAC

[Asarathy]

What is the name of your state? VA

I am buying a condo that is a converted apartment building. My unit is one of only two with no balcony and it turns out that my HVAC unit is the HVAC closet on the balcony the unit of above me. They developer is trying to sell my on some kind of clause that they are going to make the owner of the unit above me sign that allows me access, but they currently have no plans to have keys available etc. I feel that access to my own HVAC unit needs to be unfettered and not at the whim and availablity of another owner. Normally I would try to get out of the contract if they didn't fix this to my satisfication, but I signed the contract 7 months ago, and the area has seen substainial appreciation that would be difficult to walk away from.

My questions are 1) is lack of access to an HVAC some kind of code voilation so that I can force them to move the unit?

and if I can't force them to move the unit, what can must I be sure to have provided by the seller to keep access unrestricted, or what are my other options to cover my financial interests in the unit while not getting something that could have possible problems down the road.

[HomeGuru]

Originally Posted by Asarathy

What is the name of your state? VA

I am buying a condo that is a converted apartment building. My unit is one of only two with no balcony and it turns out that my HVAC unit is the HVAC closet on the balcony the unit of above me. They developer is trying to sell my on some kind of clause that they are going to make the owner of the unit above me sign that allows me access, but they currently have no plans to have keys available etc. I feel that access to my own HVAC unit needs to be unfettered and not at the whim and availablity of another owner. Normally I would try to get out of the contract if they didn't fix this to my satisfication, but I signed the contract 7 months ago, and the area has seen substainial appreciation that would be difficult to walk away from.

My questions are 1) is lack of access to an HVAC some kind of code voilation so that I can force them to move the unit?

**A: for code violation issues you need to talk with your local building department.
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and if I can't force them to move the unit, what can must I be sure to have provided by the seller to keep access unrestricted, or what are my other options to cover my financial interests in the unit while not getting something that could have possible problems down the road.

**A: you DO NOT need access 24/7 but only for repair and maint. Be reasonable and use common sense.