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Can an HOA be sued for obstructing your ability to sell your

Resolved Question:

Can an HOA be sued for obstructing your ability to sell your unit (condo)?

Example: Not letting you have a secured lock box for access to the key and fob for entry into the complex and your unit.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 1 year ago.
Hello,


I am a professional here to assist you. I appreciate your use of this service. Is the HOA not allowing you to place a lock box on the unit? Is the HOA otherwise not allowing access? Could you provide a key or pass to a real estate agent who is present at showings?

Thank you
Customer: replied 1 year ago.

To get to our unit, you need to get through a secured door to the complex that requires a "fob." Since our real estate agent isn't available 24 hours a day to show the unit, we wanted to use have a lockbox in front of the complex to allow other realtors to show the place when our realtor is not available.


 


The rules and regulations prohibit is from having a lock box by the door of the complex. So, my realtor had the idea of having the lock box on the fence of the neighboring house, but the HOA cut off the lock box.

Expert:  JBaxLaw replied 1 year ago.

Hello Eugene,

 

So long as the neighboring house provides permission, the HOA has no authority to cut off the lock box. That would be criminal arguably and you or the neighbor may file a police complaint. You may also file a civil suit to recover the cost of the lock box. The HOA is under no requirement to allow a lock box on HOA property so there is no recourse as to that opposition. In these situations, the agent must make themselves more available or coordinate with a neighbor who will grant access.

 

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site.

 

I would really appreciate a positive service rating.

 

Thank you

JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11328
Experience: Experienced Real Estate Attorney! How may I help you?
JBaxLaw and 8 other Real Estate Law Specialists are ready to help you
Expert:  JBaxLaw replied 1 year ago.
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

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