In a bizarre case in Palm Beach County, a represenative of the Four Sea Suns Condominiums homeowners association was arrested and charged with armed burglary, false imprisonment, and aggravated assault. The HOA rep claims to have entered the apartment, thinking it was unoccupied, to check for leaks because of an unusually high water bill. When he encountered the tenant who had lived there since 2009, he held a gun to the man's head and called police. Upon arriving, police contacted the condo owner who explained that his tenant had a right to be in the condo, but that he had not given permission for the HOA rep to enter his unit. The HOA rep was subsequently arrested.

This case is undoubtedly extreme, but certainly serves to remind both associations and tenants to be respectful of laws governing who may enter a premises and when. Unit owners should also be apprised of association rules and bylaws and should be making their tenants aware of these regulations as well. Association representatives should be mindful that while association rules may give them permission to enter a unit, if they do so without the consent of the owner they may run afoul of the law.

Click here to read more about this case in the Palm Beach Post.