Get Legal Help Today
Secured with SHA-256 Encryption
I live in a townhouse in Utah which has a HOA. The CC&R”s allow the HOA to enter my home for maintenance or emergency purposes with reasonable notice. The HOA requires 24/7 immediate access using their discretion, requiring me to provide them a key or garage code for them to keep. Does this fit within typical HOA operational procedures ? Does this conform with State of Utah laws regarding access by a HOA for the above purposes? Please Advise
Asked on June 17, 2009 under Real Estate Law, Utah
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, this is not a tenancy -- it doesn't fit in the regular operational structure. Sounds really weird and kind of creepy. In fact, you own the townhome so you are entitled to the quiet use and enjoyment of your property. An HOA having a KEY can be construed as you having your use taken away from you and in fact possibly partially converting the property. In terms of conforming to Utah laws, you need to bring your HOA bylaws, your deed, etc. and any other relevant paperwork to a real estate/HOA experienced attorney in Utah and sit down and consult.
Try www.attorneypages.com and check his or her record at the Utah State Bar.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.