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JamesC (Maryland)
Posts: 282
Posted:
Private Community of 167 Townhomes in Maryland.
I have read some post on this forum discussing the authority of the Architectural Committee, and their right to enter a homeowners property. The concensus being, it is trespassing to do so.
I ask this question of our Management Company representative::::.

As the representative of the management company, if you were doing the yearly inspections, would you walk up to the front of the homes to check railings, etc?

Her answer: My answer is yes. I would walk up to front doors, around the side of a home, and around the back of a home. If the back yard was fenced in, I would walk right up to the edge of the fence, or to a point that I could see over the fence to complete my inspection.
It is a function of the Association to perform inspections of homes (even through this is an HOA and homeowners own a portion of the land) I do not see that a simple quick walk through of someone's property to perform a property inspection could be considered trespassing.
You are performing an inspection, not destructing someone's property and I do not see where a judge would have an issue with that.

I ask her the question, because of the word "trespassing" used by homeowners to prevent the committee from documenting the arc violations on their property.
If delivery persons, such as Mail Carriers, UPS, Fedex, Sales people, walk up to someone's front door it is not considered trespassing.
Plus, the method used to distribute the community newsletter (not everyone has computers, and cannot log onto our website) is to place the newsletter or other Association Announcements on the door knob, by using a door hanger, or putting the material between the front door, and storm door. The Federal Government owns the mail box, and the pole it rest on, so nothing can be inserted into, or placed on the mailbox by using the flag, or by any other means. Yet entering the property for this purpose is not trespassing????????

Finally: Does anyone know the exact law::::::::::

Thanks

Jim
MaryA1 (Arizona)
Posts: 7,043
Posted:
James,

IMO, your property mgr is wrong. What she is doing can be construed as trespassing. Delivering mail or packages is one thing, snooping around to look for CCR violations quite another. Besides a property owner has a right to shoo away any of the people you mention. Our property mgr does inspections by driving through the neighborhood. The backyards of lake properties are inspected from a boat on the lake. The assn does not have a right to enter a members property for any reason without first obtaining permission from the property owner.
RogerB (Colorado)
Posts: 5,067
Posted:
JamesC, in a townhome community the owner only owns the unit. They usually do not own or maintain the roof, gutters, siding, decks, porches, or anything else outside the unit, unless they have received approval from the Architectural Committee for installation of items attached outside their unit. In townhome communities it is the management company's duty to conduct inspection of all property owned by the association. They are not trespassing unless they go inside the unit without the owner's approval; except when allowed by the CC&Rs which is usually allowed when there is an emergency.
MaryA1 (Arizona)
Posts: 7,043
Posted:
FYI,

From US Legal.com:

Definition of townhouse: A townhouse is an attached dwelling that is not a condominium, however condominiums are also described as townhouses. A townhouse doesn't necessarily share ownership of common areas in the same way as condominium owners.

So,it all depends upon exactly what property you own. If you own the lot your townhome sits on then it can be trespassing.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RogerB on 09/14/2010 8:07 AM
JamesC, in a townhome community the owner only owns the unit. They usually do not own or maintain the roof, gutters, siding, decks, porches, or anything else outside the unit, unless they have received approval from the Architectural Committee for installation of items attached outside their unit. In townhome communities it is the management company's duty to conduct inspection of all property owned by the association. They are not trespassing unless they go inside the unit without the owner's approval; except when allowed by the CC&Rs which is usually allowed when there is an emergency.

Roger, Thank you for saying usually as that is not always the case. I live in a townhouse community that belongs to an Association and each owner owns the entire town home. The common walls are a shared responsibility between the two homeowners. Each unit has it's own roof, etc. as this was the design of the town homes (staggered front wall and roof heights) There is a clear boundary line between common area and private property.

One would need to check the county records to see how the property is titled and recorded.
SusanW1 (Michigan)
Posts: 5,202
Posted:
IMHO - the HOA should announce that the first week in Sept. the outside railings will be inspected to ensure safety . . . yada yada.

By announcing the "inspection" on HOA repsonbilities, the homeowner can be prepared.

If the rails were never inspected and an accident happened, what do you think would happen?

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