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Me, Usa - Can An Hoa Enter A Unit Without Permission Due To Concerns For Animals?

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Location: York County, Maine
I am one of three people on the HOA board for my complex. We have 22 units total, townhouse style. One of my neighbors (we will call them A) told me last week that the resident in the unit (let's call them B) next to theirs has been leaving their five cats alone for days with a single litter box.

A is concerned for the cats' wellbeing, as am I. They also claim that they can smell the litter box in their unit and are worried that the urine may be soaking into the floorboards. I have told A multiple times that they need to contact animal control. A says that they have, but is adamant that me and the other HOA board members need to enter B's unit without permission. We don't have a copy of B's keys, so we would need to have a locksmith open the door.

A is allegedly sending the three of us letters explaining that Maine law gives us the legal right to enter the unit without permission and failing to do so makes us potentially liable for any common area damages that arise from the cats.

I'm no legal beagle, but our HOA bylaws and past practice make it pretty clear that B would be responsible. I'm guessing this letter is going to be mostly ChatGPT slop.

Our bylaws have no language regarding entering units without permission.

Our bylaws have a two pet limit, but an exception was made for B. I'm not sure why, that decision was made before I was on the HOA board.

I want to help these kitties, but I am pretty sure the only person that can go into the unit without permission is animal control or other law enforcement. Am I wrong?

submitted by /u/Fold-Crazy
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