If a HOA hires a management company for inspections and notices do they have to amend the Covenants?

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If a HOA hires a management company for inspections and notices do they have to amend the Covenants?

Also, in our HOA Covenants it states that Board members can enter your property without fear of trespassing and complete repairs, is that legal?

Asked on March 8, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They do not need to amend the covenants because they hired a management company. The management company is simply functioning as their representative or agent; they are allowed to delegate their responsibilities, duties, etc. to someone else. If they are looking to add additional power or authority beyond what they currently have, that would require an amendment, but not to simply have a management company do for them what they could currently do themselves.
It is legal for the covenants to allow entry for repairs--that is not uncommon and is highly practical.


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