SuzanneM5 (Oklahoma)
Posts: 5
Posts: 5
Posted:
Does the HOA board members or architectural committee have a right at any time to enter a neighbors property to "remedy", according to their determination, a breach of the convenants?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
HOA board members/architectural committe rights
Started by SuzanneM5 • 16 replies • 1430 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Suzanne,
Technically, if your CC&Rs provide for that option, then yes. Most Associations do have some language within their CC&Rs allowing that.
However, our Attorney informed us that it should only be done if the breach is a safety issue to others as it could be considered trespassing. The attorney also advised that even if it is a safety issue it should be a last resort after other enforcement options had been tried first and a letter sent via certified mail or messenger was delivered informing the member that this would occur.
Technically, if your CC&Rs provide for that option, then yes. Most Associations do have some language within their CC&Rs allowing that.
However, our Attorney informed us that it should only be done if the breach is a safety issue to others as it could be considered trespassing. The attorney also advised that even if it is a safety issue it should be a last resort after other enforcement options had been tried first and a letter sent via certified mail or messenger was delivered informing the member that this would occur.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Yes they do. that is debateable to some on here but in my HOa they can. Not only can they enter and correct the violation but send you a bill for doing so. It does depend on how your HOA is setup. Mine is you own the home and the lot the house sits on. everything else outside of that is HOA control. Which allowed us to mow all the yards. If your HOA mows your yard with your dues payment then you may have a similar set up.
Former HOA President
SuzanneM5 (Oklahoma)
Posts: 5
Posts: 5
Posted:
So, if they feel you have weeds (which aren't weeds but plants) in your mailbox flower beds then they have no right to pull them? Or if they want to inspect your backyard for any violations do they have a right, without your permission, to enter your property?
SuzanneM5 (Oklahoma)
Posts: 5
Posts: 5
Posted:
No, we live on a 1 acre lot and mow/edge it ourselves.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By SuzanneM5 on 01/18/2013 8:03 AM
No, we live on a 1 acre lot and mow/edge it ourselves.
No, we live on a 1 acre lot and mow/edge it ourselves.
Depends. Do you own the lot, or does the HOA?
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Quote:
Posted By SuzanneM5 on 01/18/2013 8:02 AM
So, if they feel you have weeds (which aren't weeds but plants) in your mailbox flower beds then they have no right to pull them?
So, if they feel you have weeds (which aren't weeds but plants) in your mailbox flower beds then they have no right to pull them?
Expecting your governing documents provide that option, then yes.
However, as I said, other enforcement options should be used first.
Quote:
Posted By SuzanneM5 on 01/18/2013 8:02 AM
Or if they want to inspect your backyard for any violations do they have a right, without your permission, to enter your property?
Or if they want to inspect your backyard for any violations do they have a right, without your permission, to enter your property?
We actually had an Architectural Committee Chair who did this. The member (rightfully, in my opinion) complained to the Board that this individual was trespassing. Based on this complaint, the Association contacted our attorney who provided the advice I posted earlier.
Rules were then drafted to clarify that architectural inspections were to be conducted from the sidewalk or common area. The inspector could certainly look over the fence but could not enter the property without permission.
This is what our documents provide [emphasis added]:
ARTICLE IX
SPECIAL MAINTENANCE
In the event that there is an obvious need for maintenance or repair of the Properties referred to in Article 1, Section 2, including the Common Areas, which is caused through the willful or negligent act of the Owner, his family or guests or invitees, and if such maintenance or repair is not made within thirty (30) days after notice to maintain or repair is sent by the Board of Directors, the Board of Directors may cause such maintenance or repair to be performed. The cost of such maintenance or repair shall be added to and become a part of the assessment to which such Lot is subject. The Board of Directors, through its officers or agents, have the right to enter upon such Lot to perform maintenance or repairs without incurring any liability therefor.
My suggestion, read your governing documents to see what they allow or don't allow so you know if proper procedures were followed.
If an individual did enter your enclosed backyard without permission and you have proof of that fact, make a polite written complaint to the board that you consider entering your property without permission in order to perform an inspection to be trespassing and if it happens again that you will file a complaint with the police (send this certified to the Board so you have proof you sent it in the future if needed).
If you have proof that a board member entered your property to make repairs or "pull weeds that weren't weeds), and if they didn't follow proper procedures (as identified in your governing documents), send a polite letter to the board of this fact. Inform them that actual plantings other than weeds were removed and that this was not authorized. IF you don't have proof who it was and your property was simply vandalized, contact the police and file a complaint.
Note: if both of those things happened, keep the issues separate and address them in separate letters.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It really does depend on how your HOA is setup. A HOA isn't the only source that can come and do an inspection of your property. I believe the fire marshall can enter and other public/utility resources can. So don't lose focus on just your HOA.
If you keep fire making materials close by your house they may want to know that. That includes BBQ grills or gas furnaces. One spark can set a whole neighborhood up. So yes I would consider going back into the backyards in some areas to be okay if there are existing fire prevention type rules. I know a poster from New York city had an issue once similar because of a gas powered heater on their patio. That wasn't just a HOA rule but a city ordinance as well.
So it really does depend on the situation and what they are looking for.
If you keep fire making materials close by your house they may want to know that. That includes BBQ grills or gas furnaces. One spark can set a whole neighborhood up. So yes I would consider going back into the backyards in some areas to be okay if there are existing fire prevention type rules. I know a poster from New York city had an issue once similar because of a gas powered heater on their patio. That wasn't just a HOA rule but a city ordinance as well.
So it really does depend on the situation and what they are looking for.
Former HOA President
SuzanneM5 (Oklahoma)
Posts: 5
Posts: 5
Posted:
We own it.
SuzanneM5 (Oklahoma)
Posts: 5
Posts: 5
Posted:
Thank you! You have been very informative.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Suzanne,
If you don't mind me asking, and with the expectation that you own the property entered, I have the following questions:
1) Did the Association inform you of the issue prior to performing the maintenance?
2) If they did inform you, did you respond?
If you don't mind me asking, and with the expectation that you own the property entered, I have the following questions:
1) Did the Association inform you of the issue prior to performing the maintenance?
2) If they did inform you, did you respond?
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
Our attorney has advised us to never do any repairs to anyone's property unless you have a court order confirming that the association has the right to do so. Even with that, it would be best to have a police officer accompany you and the contractor.
Jeanne
Jeanne
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By SuzanneM5 on 01/18/2013 7:39 AM
Does the HOA board members or architectural committee have a right at any time to enter a neighbors property to "remedy", according to their determination, a breach of the convenants?
Does the HOA board members or architectural committee have a right at any time to enter a neighbors property to "remedy", according to their determination, a breach of the convenants?
Generally with the proper notice and procedures followed, the answer is yes. They can enter, correct, and bill for the work.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
In our twin towers HOA, any violations must be pointed out to the alleged violators by US mail with a request to correct. Let's say, bicycles are stored on a balcony. Or items are stored in the common area hallway near their front door. Owner gets a "courtesy" letter asking for the items' removal. If the items aren't removed, the owners are called to hearing via US mail and (probably) fined. No staff would enter the unit to get to the balcony & remove the bikes.
If, however, leaves from a potted plant on the balcony fall off & clog the balcony drain causing rain water to accumulate on the balcony, go into the residence and possibly leak into units or common areas below, the residents cannot be contacted (traveling abroad; part-time occupant), staff are permitted by our CC&Rs to go to the balcony to clear the blockage.
Similarly, if plumbing overflows & drips or flows into units below--an emergency--staff are permitted to go into the unit and fix the problem. Except for about 3 owners in our 200+ units, we all have given written permission and a key or lock combination to management for such emergencies. If owners don't approve of this agreement, they are aware that their door may be broken into. If the problem was due to the owners' negligence, they are billed for the plumbing repair and must pay to fix the door themselves. If the problem was due to a clog in our common area plumbing, our HOA must pay for the damaged door, plumbing repair and any other associated costs e.g., drying fans & the increased electric costs to the unit(s) below.
I guess John46 said it much better and briefer than I! Oh well.
If, however, leaves from a potted plant on the balcony fall off & clog the balcony drain causing rain water to accumulate on the balcony, go into the residence and possibly leak into units or common areas below, the residents cannot be contacted (traveling abroad; part-time occupant), staff are permitted by our CC&Rs to go to the balcony to clear the blockage.
Similarly, if plumbing overflows & drips or flows into units below--an emergency--staff are permitted to go into the unit and fix the problem. Except for about 3 owners in our 200+ units, we all have given written permission and a key or lock combination to management for such emergencies. If owners don't approve of this agreement, they are aware that their door may be broken into. If the problem was due to the owners' negligence, they are billed for the plumbing repair and must pay to fix the door themselves. If the problem was due to a clog in our common area plumbing, our HOA must pay for the damaged door, plumbing repair and any other associated costs e.g., drying fans & the increased electric costs to the unit(s) below.
I guess John46 said it much better and briefer than I! Oh well.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By SuzanneM5 on 01/18/2013 8:28 AM
We own it.
We own it.
If you own the lot and the house, I would let them know your going to call the police if they dont leave in 5 min. Then call the police if they dont leave. Its trespassing, regardless of what the docs say.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
If it were a condo or townhouse where all the land was common area, it would be a different story.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
if they feel you have weeds (which aren't weeds but plants) in your mailbox flower beds then they have no right to pull them? Or if they want to inspect your backyard for any violations do they have a right, without your permission, to enter your property?
You have weird neighbors. LOL.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here