Can HOA access unit without my permission?

[PoorMike]

Jurisdiction

California

I'm a tenant renting a condo in a mid-rise building.

HOA decided to paint the building's interior hallways, common areas and exterior doors of all units. They left a flier on doors asking tenants to call and pick a time for painters to stop by and do the job. The flier mentioned that doors will need to be kept open for 4 hours for paint to dry. It also noted that tenants that don't schedule a time will have their doors painted in closed position.

I didn't bother and schedule a time (reasons mentioned below) and assumed they'll paint the door while it's closed. Fast forward a few weeks, I call the building engineer asking why my door hasn't been painted yet and he said that HOA doesn't want to go the "closed-door painting" route anymore. Instead, they'll use their master key to access the remaining units to do the paint job (most tenants are single professionals so they're not home during the day)

The reason I didn't agree to have my door open is because my wife is a stay home mom with my baby (unlike other tenants who probably didn't pick a time because they're at work during the day)... so having strangers access my unit while I'm at work and then having the door wide open for another few hours is a big no-no.

My Questions...
I haven't been informed yet that they need access to my unit yet but I'd like to know my rights:
1) Can they have us open the door if someone's home to do their job?
2) If I don't oblige, can they use their master key to access my unit?
3) Isn't that considered trespassing/breaking-and-entering?

I don't have the HOA's bylaws to review so I'm wondering if any state law forbids that.

Thanks everyone!

 

[adjusterjack]

I don't have the HOA's bylaws to review

I suggest you find them or get them because the answers to all your questions will be in there.

The reason I didn't agree to have my door open is because my wife is a stay home mom with my baby (unlike other tenants who probably didn't pick a time because they're at work during the day)... so having strangers access my unit while I'm at work and then having the door wide open for another few hours is a big no-no.

Sorry, but if you didn't want to give up your "rights" you shouldn't have bought into an HOA.

As for your reason, would you rather your wife be surprised by somebody unlocking the door and walking in or have her prepared for a scheduled visit with a friend or neighbor there with her.

I think you are picking a fight that you can't win, so don't pick it.

 

[mightymoose]

1. Nobody can make you open the door.
2. Yes, they could use a master key and enter to perform maintenance if they give sufficient notice. I'm not sure what that notice period is but it is likely in your rental agreement.
3. If they comply with the notice requirement, no.

Your are a tenant in someone else's property and there are circumstances in which they may enter their property. Your rights are not the same as a privately owned home.

 

[adjusterjack]

I missed the "tenant" part but agree with mightymoose as to the answers to all three questions and still think a little common sense is in order.