Legal Question in Real Estate Law in California

HOA entry, damage & 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, 11:17 am

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

Re: HOA entry, damage & violation

I think the provisions of Civil Code section 1364 apply to your situation, at least in large part, and you need to be fully familiar with that section in going forward on this matter. The applicable provisions are a bit too long to copy and paste into this reply, but I encourage you to find CC 1364 on line or at a library. Note that there is indeed a prior notice requirement.

The HOA rights and responsibilities differ somewhat depending upon whether common areas, exclusive areas or both are being treated.

You might also want to contact the Structural Pest Control Board of the Department of Consumer Affairs to see if they would take a complaint and investigate on your behalf, but I'm not sure whether fault here lies with the HOA, the pest control operator, or both. Maybe both.

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Answered on 6/12/08, 12:30 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: HOA entry, damage & violation

You can sue, but proof will be the problem.

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


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