Inspection (townhome) by HOA

[poppe]

Hello,

I rent a town home and my Land Lord is telling me the housing association needs to do an inspection. We will gladly oblige, but the problem I am having is that my land lord says the housing association will do it when they want to, not when we want to.

My question is, can they do this? I really would prefer for them to do the inspection when I am home, but I know they are going to do it on a time when I am not. This makes me very nervous as I have over $15,000 worth of film equipment in my house. Any thoughts?

 

[jecapaga]

Sounds completely sketchy to me..I would insist on being home. I haven't had this happen to me but I'm always nervous when I have 3rd parties in my place..

 

[glocke12]

Sounds pretty strange. I know alot of people that rent, and none of them have ever had an inspection of any type. Fight it. Tell them you insist on being home. HOA's can be quite totalitarian. Best day of my life was when I sold my townhouse and no longer had to deal with a HOA.

Just curious. Did they say what the purpose of the inspection is?

 

[poppe]

Well they said the inspection what because of the plumbing. The land lord said it a normal thing that happens every year. I'm not to concerned with what the inspection is but more with how they can tell me it is not my choice when they do it. If I am not around when they do it then they will enter the premises.

 

[Chimpie]

Change the locks?

 

[ucfgrad93]

I would insist on being there. Its probably legit, but it doesn't hurt to be careful.

 

[Rodimus Prime]

chances are they are allowed to do it. In your renters contract is more than likely where it states it.

 

[iJon]

Might want to change your locks to make sure there isn't any unauthorized entry while you're not there.

 

[JNB]

While the HOA has a (totally undeserved, albeit contractual) amount of sway over the property owner, as a renter you also have rights that the HOA cannot abrogate, since your agreement is with the owner, not the HOA. It's pretty darn foggy, though.

If it were me, I'd just put my own deadbolts on the doors and not even worry about it. If they complain they couldn't get in, then they need to make an appointment. There's a reasonableness test that needs to be met here. What's the need of the access, and how critical is it that they gain access if not at a mutually convenient time?

Or you could have some fun and make them sign a waiver agreeing to responsibility for any missing equipment. Useless legally, but will likely make the HOA twunts wet their drawers a little.

Look here to get a start on understanding your rights & responsibilities.

I'm assuming your in CA, so the following applies:

In cases of emergency or tenant abandonment or surrender, a landlord or manager may enter a rental unit without notice. Otherwise, a landlord may enter a unit only after giving reasonable written notice for a valid reason. A valid reason would be to make a needed or agreed upon repair or alteration; to show the unit to prospective buyers, tenants, contractors, lenders or repair workers; to provide agreed upon services; to conduct an inspection related to a tenant's security deposit, prior to their move-out; or pursuant to a court order. A landlord may NOT enter a rental unit simply to inspect, even if the rental agreement allows for it.
Noticed entry should be during normal business hours, unless the tenant consents. The right of entry shall not be abused by the landlord or used to harass a tenant. Reasonable notice has been deemed by the courts to be 24-hour notice. The notice should be personally delivered, left with someone at the premises of suitable age and discretion, or left at, near or under the usual entry door where it is likely to be discovered. It can be mailed, but the landlord should allow 6 days between mailing and entry. There is an exception that allows oral notice of entry during the sale of a property provided certain procedures are followed.

 

[poppe]

While the HOA has a (totally undeserved, albeit contractual) amount of sway over the property owner, as a renter you also have rights that the HOA cannot abrogate, since your agreement is with the owner, not the HOA. It's pretty darn foggy, though.

If it were me, I'd just put my own deadbolts on the doors and not even worry about it. If they complain they couldn't get in, then they need to make an appointment. There's a reasonableness test that needs to be met here. What's the need of the access, and how critical is it that they gain access if not at a mutually convenient time?

Or you could have some fun and make them sign a waiver agreeing to responsibility for any missing equipment. Useless legally, but will likely make the HOA twunts wet their drawers a little.

Look here to get a start on understanding your rights & responsibilities.

I'm assuming your in CA, so the following applies:

I've thought about doing my own locks and what not, but my landlord is kind of a cook. Both her and the HOA have already threatened me with a $100 fine if I don't comply, and to make the matter worse, my landlord is strapped for cash. Basically her and her husband got relocated to a different part of LA, a part far enough away they need a new place. They don't just want to sell this property they are paying off, so they are renting it, but they really can't afford to miss any payments. So if I start any trouble and they fine her, then I'll sure hear about it the next morning.... and I won't stop hearing about it!

 

[JNB]

I've thought about doing my own locks and what not, but my landlord is kind of a cook. Both her and the HOA have already threatened me with a $100 fine if I don't comply, and to make the matter worse, my landlord is strapped for cash. Basically her and her husband got relocated to a different part of LA, a part far enough away they need a new place. They don't just want to sell this property they are paying off, so they are renting it, but they really can't afford to miss any payments. So if I start any trouble and they fine her, then I'll sure hear about it the next morning.... and I won't stop hearing about it!

While any assessments from the HOA may get passed to you, your landlord cannot "fine" you. Rental agreements and laws are covered mostly by the CA Dept of Consumer Affairs. I strongly suggest you get current with what your rights and obligations are. Don't just kowtow to whatever they're threatening you with, as half of it sounds unsupportable. And my recollection as a CA renter is over 25 years back.

 

[Macky-Mac]

Well they said the inspection what because of the plumbing. The land lord said it a normal thing that happens every year. I'm not to concerned with what the inspection is but more with how they can tell me it is not my choice when they do it. If I am not around when they do it then they will enter the premises.

CA state laws doesn't require them to get your consent as to when the inspection will occur and does give them the right to enter for a legitimate reason assuming they've given you the required notice. The law does attempt to balance the interests of both the renter and the property owner.....but in the end it may not work the way you wish it would.

Your best bet is to try to be cooperative with the hope that you'll find out when they're going to do the inspection so you can be there if you want. In a situation like this, being cooperative my bring you more benefit then being confrontational.

As for changing the locks yourself, check your lease first. You may find that it's forbidden or you may be required to provide your landlord with a copy of the new keys.