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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 12 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.
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