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Calamitydrain, Home Buyer in Denver, CO

HOA Controlled unit in Denver Help!

Asked by Calamitydrain, Denver, CO Mon Sep 15, 2008

Hi. I live in an HOA Controlled condo in Denver. I have taken my key from them for entering my unit withoutmy permission. I received a notice that they want to come in to all units on Monday to check for bedbugs. I don't have bedbugs but I don't want them in my unit. I am also concerned that if they're walking from unit to unit, they'll bring the bugs with them. I also would have to take time off from work, to wait for them. Can I refuse?

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Hi Calamitydrain,

The easiest way to resolve your issue to know if they have the legal right or not to enter your unit is to call and ask your HOA to email, fax or simply tell you where in the HOA documents is it stated that they have the right to enter your unit. My guess is that if they do have the right, they also know where in the HOA docs. it says they do. Unfortunatelly for you, my guess is if they have keys to all the other units, they probably do have legal rights to enter the units when they want to.

If your HOA documents state that they have the right to enter, you might just be real nice and ask them to come sometime when you will be there instead of them just having free access to your unit. I have seen other owners have problems with maintenance people entering their units when no one was home.

Best of luck to you.

Bill Kosena, ABR, CRS, SRES
1 vote Thank Flag Link Mon Sep 15, 2008
That is a good question, Like the other agents said to call the HOA and read through the HOA paperwork and see if that is the right of them to do an Inspection. Bed Bugs?
You may want to call a Real Estate Lawyer for advice.
1 vote Thank Flag Link Mon Sep 15, 2008
They do have the right to enter in an emergency however for an inspection they would have to give you reasonable notice. They could make you let them in after a lengthy fight, your best bet would be to ask them to set up an appointment after you get out of work and that way they arent tracking form one unit to another. If someone has bed bugs you should also insist on getting receipts from the condo association that those units have been sprayed so you do not get them. i would work them, because you are going to need them. Good luck
Web Reference: http://www.ScottSellsNH.com
1 vote Thank Flag Link Mon Sep 15, 2008
Hi Calamitydrain (Love that name!):

As others have mentioned, you should read the HOA covenants and bylaws for a definitive answer. But, it sounds like you may have several reasons to be concerned, even if the HOA docs allow such intrusions. This might be a good time to talk to an attorney or other expert. Sometimes lawyers can be expensive. But, while I cannot make a specific recommendation, there are services like LegalShield that help you get basic legal advice for a relatively small monthly fee. And, there are HUD-approved counseling services that might be able to answer your questions also. See the link below.

Kind regards,
Ron Rovtar
Prudential Real Estate of the Rockies
303.981.1617
info@rovtar.com
http://www.rovtar.com
0 votes Thank Flag Link Thu Aug 16, 2012
After reading the comments listed below it seems that it's time for a tactful approach. Get the HOA docs if you don't have a copy already. It's creepy to have someone in your home without your knowledge or permission, sorry about that. It's always good to contact a lawyer that has HOA experience.
Best of luck to you.
0 votes Thank Flag Link Mon Aug 13, 2012
Cal,

What comes to mind for me is.....are they using the same tactics to check for cockroaches, fleas, termites, earwhigs, silver fish, millipedes, ants, lice? etc. etc.

Someone obviously has an issue and people are listening.

As previously mentioned, read the HOA docs. and be in touch with an attorney for peace of mind.

Good luck
0 votes Thank Flag Link Mon Sep 15, 2008
It seems like they're always coming up with reasons to enter the units. As I said, I took my key from them because I found that they had been entering without my permission. Someone even set my VCR to record a soap opera. I live alone and don't watch them. Anyway, It's not that I don't want them to take care of any bedbug problem that might be.. But I don't have them and I'm also worried that they'll track them into my unit when they walk from one to the next. Plus, as I said, I'll have to take time off of work, as every time they've ever had one of these inspections... once for ants, once for roaches (Of which they found none in either case) they refuse to do it at a time I would be home, a weekend or in the evening. I just wish I could find a law that says I don't have to let them in.
0 votes Thank Flag Link Mon Sep 15, 2008
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