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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a owner, can community come in to my balkony without my

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I am a owner, can community come in to my balkony without my permission and without notice?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me what is the reason that the Association has denied you access?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

The Association came in to my balkony when I wasn't at home.

It's my property.Can they do this?


Thank you for your clarification. Can you please tell me:

1) Did they come into your balcony through your home, or, simply come on to the balcony by stepping into it without going through your home?

2) What was the reason they did this?
Customer: replied 4 years ago.

They came from outside.They doesn't have key they can not come into home.They used a ladder.

Reason is I feed the birds.

I think somebody did not like this.

But there was no any notice.

Thank you, Cigdem.

This actually happens often. Allow me to explain what has happened. The balcony of your property is actually likely the property of the HOA. You would have to check the bylaws and deed to confirm this, but often, the balconies of a property - especially in condominiums - are the properties of the HOA. This is called "common property" and is administered by the HOA to keep it clean, safe, etc.

As such, if this was common property and under HOA control, they can enter your balcony.

However, if you check the bylaws and the balcony is NOT common property and is one's private property, then one may have a case in court for civil trespass and nuisance.

So it all depends as to whether or not the balcony is common property of the HOA or not, and often times, it is. You can check this by looking at your deed records.

I hope this helps and clarifies. Good luck.

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