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Can condo association bylaw allow trespassing on private property?

  
  
  
  
  

I own a condo unit in the Atlanta, GA area. Our condo association is trying to pass a bylaw that gives them free access to our privately owned units. I do not believe this is legal and I do not believe the condo association insurance carrier would approve.

Has anyone ever heard of anything like this being tried before by a condo association? This has to be a serious right-to-privacy issue as well as a legal one.

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Comments

The Association (usually) is empowered to enter any unit without asking your permission when there is an urgent need to,or for a special reason with your consent .  
However, good manners should always prevail and if you are in occupancy of the unit and time allows(i.e. there is not a fire or something dangerous occurring), they should speak to you first to tell you why they need to come in.  
If there is an urgent reason or a special reason it should be obvious and you should then co-operate. John C.
Posted @ Thursday, November 26, 2009 10:39 AM by John C.
Having been a property manager for 9 years, I believe I've seen it all - or at least lots. That's why I'm now coaching Boards on making associations great. I do agree with the comment above and never in the 9 years did I enter a unit unless there was an emergency. An emergency included water running out of the garage--a terrible odor that was emanating into other units (the owner was taken to the hospital and her pet was not cared for.) While this is still America, common sense must prevail and when we live in common with others, we must expect to do what is necessary to protect the people, the property and the corporation.
Posted @ Thursday, November 26, 2009 12:21 PM by Sherry Valentine
As a board member in the community I live in, we've used our associaiton's right of entry a couple of times. Once was a fire emergency where we thought the owner was still inside and the fire department was here and the other was when a tenant abandoned a rental condo in our association and left her trash behind. Both of these were done over the objection of the owner. I would say that you should look at the proposed bylaws to see if its reasonable. 
 
 
 
Darron Hay 
 
HOA Receivables Management
Posted @ Thursday, November 26, 2009 2:16 PM by Darron Hay
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