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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5672
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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Can HOA enter my condo because somebody said my condo is not

Customer Question

Hello,
Can HOA enter my condo because somebody said my condo is not clean and the source of roaches, my condo is clean and I have seen no bugs, (nobody has inspected or anything like this in the 9 years I have been living there. I think somebody is just stirring up trouble, do I have to comply with the inspection even though the allegations are unfounded.
Thanks.
Seamus.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. As a general rule no one can enter your home without your permission or a court order. Condominiums/HOA's are a little different because they have governing documents that set out their powers. We would need to look through your governing documents to see if there is any language that gives the board the ability to enter your condo without your permission. Do you have a copy of your governing documents? If so can you attach them? Which State does your question pertain to?

Customer: replied 10 months ago.
It is in Santa Ana, California. I do not have a copy of the CCRs, but I can get one.
Expert:  Attyadvisor replied 10 months ago.

Perfect. If we can look at the governing we can determine if there are any circumstances when they can enter. If there are no issues with your condo you may have a harassment action against the person causing trouble for you.

Expert:  Attyadvisor replied 10 months ago.

Seamus while you are locating your governing documents, let me start by providing you with some information.

There is probably some language that allows the board entry into your condo but it would be under very specific circumstances and would require notice unless it was an emergency such as you left your water on and other units are getting water from your unit.

The law that governs common interest developments in California is called the Davis Stirling Act https://www.google.com/?gws_rd=ssl#q=california+davis+stirling+act

Your board would need to have a policy on pest control.

This is a the link for the law with regard to roaches or other pests http://www.davis-stirling.com/MainIndex/PestControlMenu/tabid/629/Default.aspx

Expert:  Attyadvisor replied 10 months ago.

Please disregard the additional services request. Thank yiou.

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