JamesC (Maryland)
Posts: 282
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
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