property

Started by WayneM • 5 replies • 2375 views

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WayneM (South Carolina)
Posts: 1

Posted:

i am in south carolina r the boeard members allow to just come on our property and not be tresspassin if anyone can answer me please do thanks

EdR (Texas)
Posts: 170

Posted:

I cannot imagine that that would be legal. If it were me, I'd call the police if anyone came on my property like that. According to our CCRs and bylaws, not even the MC can come on your property--they can take pictures of a violation, can see and report a violation, but never allowed to get out of car or EVER go in the back yard, so I would think same applies to board unless they have a law stating they can. We had a homeowner (TX) threaten to shoot a director over trespassing, he probably could have gotten by with it too. But then guns and trespassing are big issues in TX. Some directors do as they ___ well please anyway, despite the law, so good luck with that one!
EdR

JoyceR (California)
Posts: 9

Posted:

You should actually check your CC&R's. It will state in there whether the HOA board is allowed to enter in or onto property. Our board can actually enter in an emergency case and also if the property has violations that are not being repaired. Notice has to be given thru a series of letters 1st and is normally done only as a last effort to do the repair.
JoyceR

RogerB (Colorado)
Posts: 5,067

Posted:

JoyceR, I agree with you. However, just because the Declaration provides the right to enter to correct a violation, I recommend not entering the property UNTIL you have a court order. Armed with the court order ONLY enter the property accompanied by sheriff's deputy or policeman along with a contractor to effect repairs as needed.

RogerB

MarnaR (California)
Posts: 27

Posted:

DEFINITELY check your documents. Our CC&Rs have created easements on all properties in our community. We are in single family homes as opposed to condos, but our front and side yards are maintained by the association. They are our property, and pass with title to the house when sold, but we are not allowed to plant or place anything in these areas. The backyard and home are different stories. No entry allowed there without due process, and probably as Roger suggests, a court order and officer escort. HOAs have a lot of power, but the 4th amendment will still prevail when you're talking about one's private home.

SamuelB (North Carolina)
Posts: 83

Posted:

Ours is a condo development (344 units) and the HOA does indeed have permission to enter without prior approval, at any time there is an emergency. The reason for this is that an upper unit may cause flooding of a lower unit and timeliness is a very big consideration. In the past 13 years that I know of, this has never been tested, but it is definitely permitted in our Declarations. Our units are on the Eastern seaboard of North Carolina.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry

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