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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I was recently in a dispute with my ex boyfriend and we both

Customer Question

Hi, I was recently in a dispute with my ex boyfriend and we both got physical. He had me escorted out of his condo but there were no charges pressed or no order of trespassing but I recently found out the building out up a picture of me in the elevator and around the building so if anyone saw me to contact security. Is this legal? This can jeopardize my job and no one notified me of this.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this unfortunate situation.

The HOA is private property, they can refuse entry to anyone. If you have been barred (especially following a physical altercation), the Association has a right to do so (in fact the board has an obligation to take measures such as this in order to enforce the terms of the CC&Rs and other governing documents).

If you are willing to enter into an agreement with the board so that you are not going to enter the property again - you can contact the board in writing and ask that they remove the photographs of you in exchange for you agreeing not to enter the property.

(Keep in mind, that they have every right to have you arrested for trespass if you decide to reenter the property without approval from the HOA - your boyfriend cannot give you permission as an owner, this permission must come from the HOA board).

Customer: replied 1 year ago.
I never went there again, I wasn't barred, they are not aware of what happened in the apartment, I left when I was asked to leave. Putting my pictures up when I left peacefully can potentially cost me my job. Is this really legal? Because I find that hard to believe.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

The HOA Board has a right to refuse entry to their property to anyone (non-owners) for any reason.

They can take whatever steps they deem necessary to meet this goal.

You say in your post that your fight with your boyfriend got physical. I am very sorry, but as counsel for many HOAs, this is not acceptable behavior for guests, and barring guests that engage in unacceptable behavior is appropriate for the Board to do (again, they have a duty to do so).

I am very sorry that you lost your job, I really wish that hadn't happened. I wish that there wasn't a connection between the two, but this is one of the repercussions of a physical fight with someone else. You are fortunate (as is your boyfriend) that law enforcement was not called, as criminal charges could be even more devastating and much longer lasting.

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