Once a hoarding complaint is filed, an inspection could be ordered. The board must get residents' permission to enter units. Residents who refuse inspections will be called before the board for a disciplinary hearing.
If the board determines the hoarding policy has been violated, the resident would have 15 days to remove the clutter. If a resident refuses, the board could seek a court order to force the resident to remove the clutter, fine the resident, suspend the resident's privileges in the community or proceed with eviction.Read the story here.
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The HOA better get permission. The California Court of Appeal ruled a dozen years ago that another Southern California HOA could not enter the unit of a merchant marine while he was away at sea to police what it saw as an excessively cluttered unit, which the appellate court equated to nanny state governance.
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There was a story in Florida last year about an HOA threatening to enter a single family house, in order to remove a sign critical of the developer.
http://paranoiatoday.com/index.php?option=com_content&view=article&id=98:your-home-is-the-hoa-corporations-castle&catid=27:organizations&Itemid=56
A letter from Association Law Group said, "Should no one be home at the time the Association comes, the services of a locksmith will be utilized and you will be responsible for the cost."
"How would you feel if someone said they were going to come with a locksmith and open your door?" said Elliot. "They're threatening to break into our home."
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But Local 10 has discovered something Elliot and Frye didn't know. According to the by-laws that govern the neighborhood, which Elliot signed when he bought the house, the association does have the right to enter his property and remove any violations after a written notice.
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