Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can my HOA come in without my permission? My neighbor insists I installed the tile floor which is not allowed on the upper level in condo. The neighbor does not live below me, she is just harassing me. I already responded to the HOA that I don’t have a tile floor, but feel like I don’t want them in my home if it comes to it.”
Whether your HOA has the right to enter your unit depends primarily on the terms of your HOA’s governing documents. As a general matter, you have control over who enters your home. However, there may be exceptions to that general rule. For example, it is not unusual for HOAs to retain the right to enter a unit in an “emergency.” Imagine if your upstairs neighbor goes on a four-week vacation, and a pipe bursts under the sink.
So it is possible that the HOA has retained the right to enter your unit to, for example, inspect to determine whether HOA rules have been violated. You would need to review the HOA documents to determine the nature and extent of such a right. Hopefully, if they have this at all, it is subject to reasonable limits.
If they do want to inspect, it would seem like checking for a floor could be done at any time, so perhaps if you offered to accompany an HOA representative at a time convenient for you, that would at least ensure that nobody is in your unit without your supervision.
