in a condo association, what right does the Condo Ass'n President have to a key to my property? and being able to enter without notice?

Asked by Nancy, Austin, TX Mon Sep 13, 2010

i'm in a two-unit duplex Condo Association in Austin and on closing day, the Condo Ass'n President (and builder, remaining owner of the other half) kept a key to the house. And he recently let himself into my home, without notice, and said in future "he will try" to let me know in advance. Is that legal??

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8
Nanci Zimmer…, , Cedar Park, TX
Mon Sep 13, 2010
Great question... review the bylaws and if you are concerned contact an attorney. Did he state the purpose for entry?

Thanks

Nanci
0 votes
vivianne dor…, Agent, Austin, TX
Mon Sep 13, 2010
I disagree with all the answers you got so far. I am a condo owner myself and the HOA requires that they have a key to your property. They cannot enter your property without notice unless there is an emergency, like fire, flooding, etc. And they would never enter your condo unless there were an emergency. Check your condo docs.
0 votes
Don Groff, Agent, Austin, TX
Mon Sep 13, 2010
I have never head of such a thing. When listing a home that is being rented we need to have the renters sign an agreement approving that we can show the house etc. I find it hard to believe they would have any rights to keep a key or enter your property. Check your Condo assoc. documents. I can't imagine they would state such a thing.
0 votes
Ricardo Pena…, Agent, Pflugerville, TX
Mon Sep 13, 2010
Nancy,

If you own it, you can always change locks (It is your right). In fact that´s the simple most common sense solution for your problem. I always encourage buyers to change locks just to be on the safe side.
0 votes
Cynthia Bell, Agent, Cedar Park, TX
Mon Sep 13, 2010
Go to your favorite home improvement store and buy new locks and install.

You can review the CC&R (covenants, conditions and restrictions), but I can't believe that there would be any wording in that legal document stating the HOA has access to you property.
Web Reference:  http://www.cyndibell.com
0 votes
., , Des Moines, IA
Mon Sep 13, 2010
From what I know, they have no right to have a key to your unit or enter without your permission! I have an attorney that would be happy to have a free consultation with you about your rights. Email me if you are interested.

--
Taylor Shults, Realtor®, GRI
Watters International Realty

http://www.AustinTexasResidence.com
http://www.HomesForAustinites.com

Cell 512.667.4738
Fax 512.646.1665
0 votes
Condo Joe, , Austin, TX
Mon Sep 13, 2010
The only way a Condo Ass'n President would have a legal right to a key is if they have that right through the condominium documents. Other than that, it would be by mutual agreement with you. If you didn't give it, then 'no' they don't have the right (unless emergency).

If you have any other questions about your condo or association, I have been working with condominiums & townhomes as a specialty for 25 years in Austin.

"Condo Joe" Bryson
Real Estate Alliance, Inc.
(512)203-4100 cell
condojoe@re-al.com
0 votes
Jen Butel, Agent, Austin, TX
Mon Sep 13, 2010
Short answer, no that is not legal. What was the reason that he gave for entering your property without notice?
Web Reference:  http://www.jenbutel.com
0 votes
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