Can our landlord be told by the HOA that she needs to be present in our rental unit all day during repairs?

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Can our landlord be told by the HOA that she needs to be present in our rental unit all day during repairs?

We have been tenants in a condo unit for over 2 years. The complex is under an HOA. 2 months ago, they started a 3 week termite repair project. We are now into the 3rd month and we have been more than accommodating in providing access, even taking days off work when necessary. All I have asked is they notify is if they are not coming in advance. Now they are telling my landlord that we are being difficult and that she has to sit at our house all day to provide access. We don’t want a (virtual) stranger sitting in our house all day. Can they do this legally? I am a nervous wreck over this!

Asked on September 19, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, the Homeowner's Association has absolutely no business requiring you to give up your privacy and safety because it cannot get its act together. Tell your landlord that this is going to be considered a breach of the tenancy if this is not handled and simultaneously talk to your state attorney general or HUD and see who in your state handles HOA issues and whether your local city attorney can help alleviate the issues arising from this matter. While the HOA does need the repairmen or termite control people to have access, it cannot unilaterally pick when they come and must give you notice so that you can open the home to services being rendered in it but without running the risk of having total strangers going through your things. Look through your HOA agreement; I bet there are provisions that specifically discuss notifications of repairs that involve not just common areas (which is the only thing the HOA has jurisdiction to) but also to when notice must be given when the same common area repair requires brief non-invasive entry into your dwelling.


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