COLUMN: Association knocks, but no one answers

Q. Our association has some residents who refuse to acknowledge a knock on their door. Visits from the fire marshal, contract-exterminator and others get no response.

For emergency purposes, we require every unit owner to keep a key in the association's office. Can a board member accompanying a fire inspector or service person use that key to enter a unit when there is no response? Can the key also be used to check on a resident's well-being?

A. Part of the answer depends upon the wording of your governing documents. Some covenants state that either upon emergency or upon prior written notice that the association has the authority to enter a resident's unit. However, this generally refers to maintenance emergencies or special maintenance projects that affect individual units.

Keeping homeowner keys in the association's office can lead to liability. There have been cases where such keys have been stolen, resulting in harm or property loss to the homeowners.

If the association cannot obtain a resident's cooperation to perform normal functions of the association, it can send warning letters, assess fines, or seek a court order.

An unexpected entry into someone's home could lead to tragedy. The resident may have a firearm and, suspecting a hostile intruder, may shoot. Also, a child left alone may have been told by a family member to not allow any strangers into the house in their absence.

If you are concerned about the well-being of a resident, contact the police department or social services. Also, many associations maintain records of family members or friends who can be contacted to investigate.

I would expect that most readers of this column would be strongly opposed to a board member or service person using a key to enter their homes just because it is assumed that someone is there.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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