Trespassing

The situation: an ARB member left a violation notice (a commercial vehicle parked in the driveway for a week) on a homeowner's truck since they'd been unable to reach her any other way after numerous attempts. The homeowner found it and is now invoking FL trespassing laws, citing Florida State Statute 810.09 and Florida State Statute 403.413. Is a HOA director, an ARB member or even a member of the general public prohibited from walking up a path to a front door if they're on legitimate business?

This is the first part of FL 810.09:
810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.
(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

FL 403.413 is an anti-litter law, a really far fetch in this situation.

Opinions?

Oh, just let the person sue...They won't follow through with it. They are just grasping at straws. I don't see a violation. The HOA has a right to serve a violation notice and not be considered "harassment/trespassing". I compare it to a court server who serves court paperwork. They can pretty much show up about anywhere and anytime and serve you a court notice. The HOA can do the same thing to enforce their rules too. Accept of course within reason...This was within reason.

Pamela,

Your documents which include the restrictive covenants will give the HOA the right to enforce those covenants. That will include the right to serve a notice of a violation. Unless you entered the home without permission, you have every right to serve the violation notice.

Send a letter with the covenant stated about the truck being parked illegally and the HOA's right to enforce this. No court in Florida will take something like this. Don't forget to quote the part where the owner will pay for court costs. This borders on assinine.

Pamela,
We have had a similar issue. So, let me tell you from experience.
1) trespassing laws are very vaguely enforced in Florida. And are subject to the responding Officer's interpretation of the law and his desire to enforce it.
2) If the property is not posted, then anyone can walk on said property.
3) If you are present when the law enforcement arrives, they must give you a trespass notice before it can be enforced.
Now, all that being said. Our attorney recommends that we send a first class and a certified letter to the owner. The attorney has advised us, that it really doesn't matter if they receive the certified letter or not, If it is returned, which they usually are, the returned certified letter is placed in the owner's file.The attorney has advised us that we have provided a diligent attempt to notify. This prevents the trespassing issue.
We had to remove an entire mobile home from one of the properties and then we liened the property. We got paid 3 years later with interest after the property sold.
So, the morale is, serve the papers with certified mail and a first class mailing. Keep records, levy fines and enforce the law in accordance to your Bylaws and CC&Rs.
I would think even having the vehicle towed would be justified, if you are within the boundaries of your Bylaws and CC&Rs.

Not a good idea to call the County in...Who's responsible for the property? The HOA. Which means the county will fine the HOA and force them to enforce the violation. It's better the HOA handles it internally than go to outside sources.

We had a lawncare/contractor dumping our lawn debris in an area between us and the property bordering our HOA. The County was called by the homeowner. We got a notice of clean up in 10 days or face a 10K fine. Who do you think had to clean up that mess? The HOA. Who is the HOA? The owners...Had to rent a dumpster and spent 2 days cleaning up trees and yard debris with 6 volunteers. The cost of cleanup was $500. The lawncare/contractor not a dime...They even LIVED and were OWNERS in our HOA!!! I did fire the lawncare service when his contract came up. The contractor was a different story...

In other words, don't get outside source involved in your HOA if the HOA is designed to handle it's own problems amongst itself..

How did we get on mobile homes and calling in the county?

Per the OP, the issue was a commercial vehicle parked in a driveway (aka private property).

I'm not sure the County or City would deal with that.

The County will have nothing to do with this original issue and subsequent complaint of tresspassing. The HOA has the right to enforce the restrictive covenants and that apparently is that no commercial trucks can be parked in the driveway. This is a violation trying to be enforced upon. The County has no laws that will cover this. In a HOA, your personal property will be open to enforcemet of the restrictions and that may include walking up that driveway.

Do you stop everyone who enters the space and tell them that they are tresspassing? I sure hope not because if that is how you feel and feel the need to post "NO TRESPASSING" signs, then you need to move out into the sticks someplace and sit on your fence with a shotgun. By the way, the sign is illegal to have in your yard, under the restrictive covenants. Not the City, County or State will have a rule that over-rides the covenant on this.

Petunka - a commercial vehicle is one with a sign advertising a business on it, one that has work equipment attached to it (a ladder attached to the roof, etc), work equipment in the bed of a pickup or is specialized in some way, like a glazier's vehicle. We do have residents with vehicles with removable signs and they're fine. This one doesn't have one of them. In some states there are commercial license tags, but in FL these don't exist.