Monday, January 17, 2011

California HOA cracks down on hoarders

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.
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.

1 comment:

gnut said...

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.

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."

. . .

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.