Rule or liability for breaking into a unit

One of our downstair units has been in foreclosure for a couple of months. Recently the two neighbors above complained that their sinks were block (three story stack condos). There was a drain outside the unit, which one of the neighbors open with filthy smelling water coming out. This still do no fix the issue. The plumbling company has tried to snake the line to not avail. We are still working on this issue. Think of breaking through the outside stucco.

First Question:

One of the residents discovered that the sliding glass door was unlocked to the unit. Inside they found mole growing all over the the sink including the cabinets. The board thinks this trespassing. But the unit was unlocked. That is my first question. IS this trespassing.

Second Question:
This is obviously this is a heath issue affecting units around it. What are the HOA legal right to enter this unit to fix it (e.g. the mole). This unit seem to be in legal issue because of foreclosure and not one can easily be contact who has responsibility for the condo. Kind of abandoned

Since this Discussion limits uploads to 200KB (really small), I have posted a picture of this issue at

http://harbourvistanews.com/MoleIssue-600px.png

This picture will make it clear our concerns

You can look up the California Penal Code's definition of criminal trespassing. I do not think this qualifies. Is this what is known as "Civil trespassing"? Since I do not see that there are any damages from the act, I doubt it.

I am not sure why the board's opinion (re trespassing) matters. The alleged trespassing is more than likely an issue between the owners of the two units. I think any trespassing is the least of the board's worries.I looked at the photo. Yes, this is serious.On the one hand and as is common, your Declaration appears to give the HOA the right to enter the unit and make repairs. On the other hand, nationwide, HOA attorneys advise against entering without the unit owner's permission. On the third hand, I would argue this is an emergency. If I were on this HOA's Board, I would ask for an emergency meeting and make a motion to immediately contact the city and state health departments and get their advice; contact the HOA attorney and get the HOA attorney's advice; contact the insurer and let them know what is going on; and contact all possible owners of the unit to inform them emphatically, pointedly and with more than a snarl that they are in violation of CC&Rs 2.08 (Maintenance requirements of Unit Owner) and 8.3 Nuisance. I think the Board should start studying Article XI "Eminent Domain."

Your Board knows about the massive mold. Its failure to act promptly could hold it out to significant liability.

I don't believe it is civil or criminal trespassing. The clock is running now, the HOA is aware of a potential serious health risk. Like the others said, you need to reach out to your local code enforcement. call the mortgage holder, your HOA attorney. at best the HOA can pay for mold remediation and fixing the plumbing/ sewer issue and just put a lien on the foreclosed unit for the cost of the mold remediation.