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RalphF4 (Florida)
Posts: 3
Posted:
Florida HOA has a home owner that lives in another state,they have not been to the home in about 5 years
there is no electricity on so there is no air condition working,and does not have any maintenance company
checking the property,this is part of an attached house and the other owners are worried about mold or bug problems
coming thru the walls.
the county has told us we can not force the owner to let us inspect the property,that we may have to get an attorney,any suggestions
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Call a lawyer.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA does NOT own the property. Thus has no right to enter.

Former HOA President
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our governing documents allow the Board go into a unit in situations like this. Also our city has an ordinance that pertains to vacant homes. We got the city to come and inspect the vacant unit for issues like you mentioned. No lawyer needed.
KerryL1 (California)
Posts: 14,550
Posted:
Knock it off, Melissa, as with the horder & filth in a condo in another recent post, this unit too might be a health and safety issue to other units. An HOA's first duty is to protect the Assn. and its common areas.

Try contacting the owners for their permission.

if not permission, I would check with HOA law, but your documents probably give your Assn. the right to enter units as Michael suggests and even to break down the door for access if necessary.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I will say that we were advised by our attorney not to enter any property (even for inspections) without permission from the owner or a court order.

Lets go with worst case, you obtain an order to enter the property and find everything you are concerned about. Then what?

You will likely need to go back to court to force repairs.

My advice, open a dialog with the owner and see what is going on and how you, as a neighbor, could be of assistance.

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