TN HOA Right of Entry

Sue,

I would guarantee you that the right to entry does not include inside of the dwelling. It will mean entry onto the lot. No where, no how can anyone enter your inside property without a search warrant.

Sue,

Is this a condo or attached dwelling or is it a stand alone property. In cases where it is deemed an emergency, condo Boards have the right to enter a unit for emergency repairs, water leaks, gas, strange odors (aka, dead bodies) and reasons where other units may be compromised or in danger.

the Association has the right to enforce the covenants as written by gaining permission from the homeowners to enter onto your property to make the necessary corrections.

The above is part of a new policy the board wants to put in place. They are acting on the authority given To the
Board thru the covenant that basically states. That if a homeowner has a rundown property (an example: broken blinds creating an eyesore) the violation will be brought to a vote by the whole subdivision to enter the property and repair the eyesore.
This action must be supported by a 2/3 vote of all homeowners. then they are free to enter the property to repair it
I think it is trespassing nag very illegal

Hi Sue:

As you stated in the first sentence above “by gaining permission” and if the homeowner allows them to enter, then it would be allowed. However, if the homeowner does not give permission … then what? How do they think they are going to enter a home? Break a window? Instead I would recommend they adopt procedure to fine the homeowner as allowed by the documents and state statutes. When the homeowner has enough with stiff fines, they eventually will hopefully fix themselves.

Now as Donna pointed out Condos and such which share common walls do allow entering units. However, homeowners who purchase in said complex know ahead of time that entering for emergencies is allowed and permitted. Their documents are set up ahead of time with such provisions and which they initially agree.

I think what they are proposing is crossing that fine line between HOA rights and Homeowner rights. It potentially may cause a big uproar and possible legal issues.

They are referencing that the HOA can enter the property not the house itself. This is for situations like unapproved additions, dangerous situations, wrong paint colors, or broken fences etc...

Let's say the homeowner has painted their house bright purple without approval from the ACC or BOD. The HOA has a right to pay a contractor to repaint the house and charge the homeowner for the new paint job. IF the owner does NOT pay for this, the HOA can then LIEN the owner for NOT paying the bill.

I have first hand knowledge of this because this rule in the WRONG hands can be extremely damaging. It's a good rule to have in order to fix unapproved or dangerous situations and pretty much the only good way for the HOA to enforce their aesthetic rules. How else would a HOA have in their arsenal to correct a situation/violation?

It's a good thing and not a bad one. They can't come into the house but if the violation repair is necessary for home entry then it could be a possibility. That would involve maybe a owner installing the wrong door or window. However, it would just to be so they can fix the EXTERIOR issue.

Don't panic, if you want the HOA to fix something and they dont' have the ability to fine people then this is the best option available.

Glen:

LOL … And here I kept having visions of a hog-tied homeowner outside his own door. Otherwise I cannot fathom what an ideal plan would be to possibly get inside. In the OP's state they officially call it "Criminal Trespass".