December 4, 2009

Does your association have the right to "self help"? That is, can you march onto an owner's property to clean up an eyesore the owner has repeatedly refused to address?

"Self-help needs to be authorized by the governing documents before anybody, whether it's a property manager or board member, goes onto a property to cure violations," explains Penny L. Koepke, an attorney at Ekmark & Ekmark LLC in Scottsdale, Ariz., who represents homeowners associations. "If they go on the property without authorization, it's trespass, and if they remove property, it's theft."

If your governing documents provide authorization, it's still smart--and often required--that you give owners notice before you enter their property. "If there are notice requirements, you need to make sure you follow those as well," says Koepke. "Often documents here in Arizona require 14 days' notice or state that the board has to meet and make a specific finding that the property needs self-help and then give notice. Some say that self-help can be done, and there's no notice requirement."

Also be sure that you're going in for a repair that's necessary, not minor issues. "We tell clients you've got to limit entry to true life, safety, and health issues, not just something that's an annoyance," Penny told us. "Overgrown weeds could be a fire danger. Perhaps there's a garage door falling off its hinges and the property appears to be unoccupied."

Even if your governing documents allow you to enter an owner's property, you still face questions about whether you can be reimbursed for the association's cleanup expenses, and you must be sure that whoever does the work isn't in physical danger from an angry homeowner.

To know your options (and the legal landmines to avoid) when owners in your HOA won't maintain their property, see our new article. Go there now »

Best regards,
Matt Humphrey
President