Legal Question in Real Estate Law in California

HOA entry, damage & rights violation

While I was away, the HOA's agents treated my condo building (4 units) for termites. They knew I was away and did not notify me of the tenting. They made keys, entered my place, damaged my personal property, went trough my things and threw some of my things away. I know that they have a right to enter for termite tenting but, what about the damage, no contact, going through my stuff, etc. What rights did they violate? Invasion of privacy?


Asked on 6/12/08, 11:27 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: HOA entry, damage & rights violation

I see there is another copy of substantially the same question I just answered. Don't know why we're getting duplicates, seems to happen a lot these days.

Anyway, it's handy, because I can add an afterthought. In addition to failure to notify, a lawsuit over this matter could allege invasion of privacy and/or some other privacy-related tort. However, I'm unsure whether proof of actual damages would need to be alleged, rather than just general damages, and whether there are provable actual damages related to the privacy issue. Instead, or in addition, I would allege trespass to chattels, trespass to land, and negligence against the operator and perhaps the HOA as well.

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Answered on 6/12/08, 12:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: HOA entry, damage & rights violation

I answered this already.

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Answered on 6/12/08, 12:51 pm


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