Q: HOA entered my unit without consent during repairs. What actions can I take?
I was informed by my HOA via voice message that the crew needed interior access to my unit for building repair work. I was in Japan at the time, and I emailed them with my return date but received no reply. Upon my return, I discovered signs of entry in my unit, including the removal of the window. There was no prior agreement to access my unit, only a short notice before my trip. My kitchen and living room were left dirty, although no items were missing. The HOA policy states they can enter my unit only in emergencies. What options do I have for addressing my concerns with the HOA and possibly taking legal action, as I feel my rights were violated and I'm concerned about my safety in this community?
A: The first step would be going through the HOA agreement to verify there are no other entry rights beyond the emergencies clause. They might have a general right with a certain notice period. If that is not the case, you could potentially have an argument for trespassing and damages, though the amounts would likely be minimal if things were just left messy rather than actually damaged.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
