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ShannonJ (Virginia)
Posts: 14
Posted:
Afternoon all.....

During our annual community inspection conducted by our HOA management company, many homeowners called foul. The management company went on the homeowners property without notice. Front yard, back yard, all around. Is this allowed? The management company says yes, they can do so. Our bylaws say yes, but only with notice. Any insight?
SheliaH (Indiana)
Posts: 6,964
Posted:
Do the Bylaws also specify the circumstances that would justify the Association going onto a homeowner's property (e.g. inspect a potential health hazard?) You may get your answer there - and you may find that you'll need to amend the Bylaws to make them more clear.

Then there's the matter of what areas are the homeowner's repsonsibility vs. the Association. For example, if the Association is responsible for the roof, it should be able to send people up there to inspect, but as a practical matter, it should also be knocking on people's doors to explain why they need to go up there.

Generally, I think advising people of an inspection in advance is a good idea. The notice should state who'll be doing the inspections and why (management company workers should have a photo ID to show people just in case some crackpot is trying to get into unauthorized areas). The notice should also state what will be looked at - for example, if it's the roof (again), it would be a good idea to have people put up their pets to avoid conflicts. You may also want to provide contact information so people will know where to go if they have questions or complaints. If you have property damage complaints, you'll need to work with your management company opn how to handle that - if their folks didn't take proper precautions or went somewhere they weren't supposed to be, the property management company should pay for damages.

Make sure the the management company folks know exactly what is and isn't off limits. For instance, I would think it's not necessary to go into anyone's garage or traispe all over a flower bed or yard without cause.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ShannonJ on 08/08/2012 10:24 AM

During our annual community inspection conducted by our HOA management company, many homeowners called foul. The management company went on the homeowners property without notice. Front yard, back yard, all around. Is this allowed? The management company says yes, they can do so. Our bylaws say yes, but only with notice. Any insight?

We had a very similar issue when a paid ACC member entered the enclosed rear yard of properties to perform our annual inspection.

Our attorney said that this would easily be considered trespassing because there was no indication of an emergency or safety issue that needed addressed which would warrant entering the property without asking permission. The BOD apologized to the owners who complained and adopted a resolution that inspections would be conducted from the public sidewalk and/or rear common area (depending on the topology the inspector can see over the fence).

Oh, the paid ACC member is no longer employed with the Association (and that's a whole different story).

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Often what one can do and what one should do are very different things.

I expect most association docs do allow for "inspections" but also doing so (in a non-emergency) without notification is asking for trouble.

I lost a job one time and I said, but I was right. My boss side yes you were right, but you were dead right....bye....LOL

ShannonJ (Virginia)
Posts: 14
Posted:
Thanks all. Our documents specify emergency access. Any other access has to be with notice.
DaveD3 (Michigan)
Posts: 796
Posted:
Entering upon a unit for the purposes of inspection without prior notice should not be tolerated by anyone in the association.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our docs agree with Shannon's & others and we would not dream of entering owners' premises without notice except in an emergency.
DoloresM2 (California)
Posts: 60
Posted:
I cannot imagine a circumstance under which it would be acceptable to enter private property, except in an emergency, even in a HOA community.
I understand that one can be cited for violations of any property violations that are visible in plain public view There is a list of them in the papers we signed, I know that garden sheds cannot be over six foot high so they are not are visible from outside the fenced area. There are also rules about what can be visible in the front of the house. I was concerned about that when we bought our property so we chose a model with an enclosed patio so we would be sure not to break any rules, my husband likes to have lots of little plants and stuff all around the front door.

What would people want to come on your property to inspect, what would they be looking for. If it is something that is not in public view, is is nobody's business.
NancyG3 (North Carolina)
Posts: 342
Posted:
Our Covenants allow the BOD to go across our properties without notice to get to the common areas. Other reasons must be with notice.

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