Your Legal Questions Answered
I am a homeowner who is traveling abroad for an extended period. I hired a property management company to manage my property while I am gone. The property management company would like to do an inspection of the place and they reached out to the HOA for a fob so that they can access the building. They apparently lost the one I had given them. The HOA responded that they do not give fobs to property management companies and said that "you and the owner (me) need to figure it out." BUT... the property management company is my legally contracted representation for the management of my condo. Can the HOA refuse to give them a fob if I instruct them to? The HOA has been an absolute nightmare since day one.
A homeowner has the right to appoint a representative, such as a property manager, to deal with the Homeowners Association (HOA) on their behalf. This person could be a friend, a relative, or a professional property manager. The appointed person would have access to the property, be able to interact with the HOA, and manage all aspects related to the property if the homeowner has given such authority.
Typically, the HOA may need a formal authorization or letter from the homeowner stating their decision to delegate the management of their property to this third party. This document should clearly state the rights of the appointed person, the duration of the appointment, and the specific tasks they're responsible for. This is necessary to protect the HOA and other homeowners in the community, ensuring that only authorized individuals are acting on behalf of the property.
From your description, it seems like the HOA in question is being difficult. This could be due to a variety of reasons. The HOA may be rigid in its rules, or there may be a misunderstanding or miscommunication about the homeowner's rights to appoint someone to manage their property.
If you would like assistance with this matter, please contact us at (303) 688-0944 for a case assessment to discuss the particulars of your case. Please ask for your consultation to be held with Boyd Rolfson, a civil litigation partner at the firm, who has significant litigation experience in HOA matters.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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