💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DorisW (Florida)
Posts: 24
Posted:
Hi Friends,
Here is my problem.
I put up a few Private Property, No Tresspassing signs on my property
that I own in a Condo Association in Florida. The reason due to security issues. Last week a man bicycled right into my backyard while my husband was reading a book & suddenly was right in my husband's face without him seeing anyone coming his way.

He said he was a neighbor from the other side of the community & his wife was in the hospital & he neded $35.00 for a taxi. My husband told him he had no money, then he asked my husband if he can go to the ATM. Well, this scared me. I was right inside the house when it happened & I feel that my husband could have gotten stabbed or something. He is 76 yrs.old.

So I went to Lowes & got a few Private Property, No Tresspassing signs & posted them on my property since I don't feel safe. I also reported the incedent to the President of the HOA who lives next door. Well now the President wants me to remove the signs since in the docs it sates No Signs allowed on your property. I have PTSD and some of the incidents that have been happening in & around our community have caused my illness to progress. I know there is a statue 720.304 (6) that says any parcel owner can display a sign of reasonable size provided by a contractor for security reasons within 10 feet of any entrance to the home. Would that Florida Law protect me to keep my signs up?

Thanks kindly for any replies.

PeterD3 (Florida)
Posts: 708
Posted:
The answer is yes, a Fl. HOA/COA can prevent, or better said, forbid, various items/activities/behaviours/etc. on YOUR private property.

Your rights in a Fl. HOA/COA are 'ammended' sort-of-speak as described in your assn.'s documents.

You write with mention of Fl. condo assn.'s yet cite Fl. HOA statutes.

Either way, your sign is likely in violation of your assn. documents. It would be in my assn.

Study your assn. documents.

Learn/Know your rights.

Comply as is required and be a responsible HO.

Or, challenge your assn., it's up to you!

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Typically only signs allowed in a HOA are "For Sale/For Rent" signs. Honestly, a "No Trespassing sign" holds no power. It's just a sign to make you feel better. Instead you need to do the research on the laws backing up having one of those signs. Each states varies. Some states no trespassing signs don't make any more stronger punishment than any other piece of privately owned property. Matter of fact "Private Property" signs probably have the similar meaning.

We had a sign at the front entrance for "No solicitation". However, if we could legally enforce kicking out solicitors is another issue. There are laws that do require those people to have actually licenses to solicit. Which means we could not stop them if they are licensed.

Why not instead consider you all to organize a Neighborhood watch program OUTSIDE of the HOA? You do NOT want to tie in the HOA with the neighborhood watch except for it's approval to exist. Otherwise it is a separate entity that works with the police who do have the power to do something legally.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I put up a few Private Property, No Tresspassing signs on my property that I own in a Condo Association in Florida.


Typically in a condo association the only property you own is inside the house. The property owned outside and the buildings are owned by the condo association, not you.

Quote:
Would that Florida Law protect me to keep my signs up?


No. The condo association can say no signs.
DorisW (Florida)
Posts: 24
Posted:
So what you are saying is I don't own my Backyard?
I have a free standing Villa/house with a backyard property
close to 1/4 acre. Its not condo buildings.
Its regular homes on a privately owned street. My survey says I own
my backyard since I paid for it.
GlenL (Ohio)
Posts: 5,491
Posted:
Doris you own what your deed says you own. Since you say you are in a Condo Association, I suspect that your backyard is what is called limited common area, meaning you don't own it but it is set aside for your exclusive use. If you are in a Condo Association then 720.304 wouldn't apply to you, that is for a traditional HOA. You would need to read the 718 statutes but even if they have similar language, it wouldn't help you keep your no trespassing signs as a no trespassing sign is not the same as a sign from a security contractor.

When you bought your unit, you signed a paper agreeing to abide by the Covenants & Rules of the Association, if they prohibit signs, then you are in violation and could possibly be fined.

Studies show that 5 out of 4 people have problems with fractions
MatthewW4 (Arizona)
Posts: 500
Posted:
Doris,

A "No Trespassing" sign would have done nothing to prevent the problem you described. The guy on the bike was not one of your neighbors; he was a con artist in search of a victim. He saw your husband in your backyard and made a beeline for him. Con artists scam strangers out of small amounts of money with sob stories about a family member in dire need of medicine or transportation to the hospital. I got scammed once myself and have been approached by many others. There was one guy who told me the exact same story in the parking lot of my local grocery store two months apart! A scammer is not going to be deterred for a moment by a sign.

I believe the intent of 720.304 (6) is to allow an alarm company to put in a sign warning that the home is monitored. I see it as no help in your situation.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DorisW on 05/03/2013 9:15 PM

So what you are saying is I don't own my Backyard?

What we are saying is that you do own your backyard.

However, you contractually agreed (by purchasing property with deed restrictions) to give up certain expected rights to what you can/can not do in your own back yard.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By DorisW on 05/03/2013 9:15 PM
So what you are saying is I don't own my Backyard?
I have a free standing Villa/house with a backyard property close to 1/4 acre. Its not condo buildings. Its regular homes on a privately owned street. My survey says I own my backyard since I paid for it.


I have no idea what your specific paperwork says. Look at your deed, look at your survey. Is there mention of a limited common area? These are typical in condo associations. Which means you do not own the yard, but you have exclusive use of it.

All of this is irrelevant if you live in a community that say "no signs" and you're bound by these CCRs and rules.
LynneV1 (South Carolina)
Posts: 211
Posted:
Condos are owned from the walls inside only, and the oustside building structure and land is shared by the entire community.
If you own a PUD (Planned unit development)you actually own the land your townhome sits on, and usually a small back and front yard also. You can landscape and enjoy the limited land you own, rather than having no control over it.
I would think you could put a small sign in your window or on your door stating "No soliticing" and/ or "No trespassing". It might make you feel better... But I doubt it will stop anyone from knocking on the door!

DorisW (Florida)
Posts: 24
Posted:
Thanks for all your input guys.

I have since found out that my association can be liable for crimal attacks on me or its members. A woman was awarded 20 Million dollars in damages after she was raped in an apartment complex 3 years ago.
The article states that in Florida, courts evaluate claims by community assocations residents with the same logic applied in a long line of landlord/tenant cases. Landlords can be help responsible for crimal acts against their tenants, if these acts were reasonable foreseeable.

In at least one case an association was held liable for an assault on a resident at the condonimium. The intruder used a ladder from the condonimium's unlocked storage room and entered the unit thru a second story window. The property outside was unlit and overgrown with foliage. The victim proved that the association knew about the crimes committed in the parking lot, several burgaries and a rape (4) years before she was attacked. The Court said that Florida law did not require the victim to prove that the prior crimes occur at the same location or within a certain time frame relevant to determining liability.

The Board of Directors always has the obligation to ensure that the common areas are property, securely and timely maintained. Boards must also look at what is necessary to protect the residents from foreseeable criminal action.

Its a shame I have to put up a No tresspassing, Private Property sign on my property since a man comes into our community with intent to do criminal harm & the assocation wants me to take my tiny little signs down when they should be doing something more to protect me. Agreed?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DorisW on 05/05/2013 4:43 PM [emphasis added]

Its a shame I have to put up a No trespassing, Private Property sign on my property since a man comes into our community with intent to do criminal harm & the association wants me to take my tiny little signs down when they should be doing something more to protect me. Agreed?

No I don't agree.

The Association is not the police.
The Association is not a security company.
The Association is you and your fellow owners who are providing services based on the contract you entered into with each other.

If you feel threatened, contact the police (which you never indicated you actually did after the incident).

Lets be honest, just as locked doors only keep honest people honest by removing the temptation, as a thief will simply pick the lock or break a window if they want inside. Having no trespassing and private property signs posted does nothing to prevent crime. All it may do is allow a trespassing charge to be filed after a crime has already been committed.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

Its a shame I have to put up a No tresspassing, Private Property sign on my property since a man comes into our community with intent to do criminal harm & the assocation wants me to take my tiny little signs down when they should be doing something more to protect me. Agreed?


Criminals don't care about signs. They do whatever they want, whenever they want.

Unless you hire yourself 24/7 bodygaurds, you will come to realize, no one can protect you, except you. The police will show up "after" something has happened. This is the cruel reality of life.

If your neighborhood isn't safe, move. No amount of signs or bars on your windows will protect you.
MatthewW4 (Arizona)
Posts: 500
Posted:
My favorite bumper sticker from the past year:

"When seconds count, your police are just minutes away."

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Doris

Cheaters and criminals cheat. Your signs are not going to stop any one and most HOA's would not allow such signs.

🎯 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