private roads

Started by LaverneB • 6 replies • 1613 views

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LaverneB (Florida)
Posts: 79

Posted:

Our community streets belong to the community. We reapir take care of the sidewalks, etc..Now we have a situation that even though a NO TRESSPASSING sign is up the city police can not arrest someone for entering our community. The police can "ask" them to leave but thats it. Reason I am asking about this is we have a house that FHA bought and the owners keep coming back wanting their things. from the house. Has anyone run into this problem? I am a board member and we never have had this problem.

RayC4 (Virginia)
Posts: 173

Posted:

You have prudently alerted the police. Won't these people eventually get all their stuff and leave for good?

Unless these folks are damaging (common) property or causing some kind of nuisance, etc, you've done what you can. If this is the biggest problem you're facing as a HOA Board member, count your blessings.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laverne,

My understanding is that you can not stop ingress/egress for members and guests.
The owner of the house (i.e. the Bank) can file trespassing charges if they feel it is warranted.

Are you sure that the foreclosure has been finalized?
If not, then the individuals would still be the owners of the property.

I'd suggest that you contact the current owner and have them arrange a definitive date and time for the former residents to claim their property.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By LaverneB on 06/24/2014 6:36 AM
Our community streets belong to the community. We reapir take care of the sidewalks, etc..Now we have a situation that even though a NO TRESSPASSING sign is up the city police can not arrest someone for entering our community. The police can "ask" them to leave but thats it. Reason I am asking about this is we have a house that FHA bought and the owners keep coming back wanting their things. from the house. Has anyone run into this problem? I am a board member and we never have had this problem.

My association has about 300 miles of dirt roads and every last square inch of them is on private property. Some of the private property is my private property, yet I have no authority to prevent anyone from travelling on the road on my private property. This is because the roads are on an easement that was dedicated as being for non-exclusive ingress and egress. So even though the roads are on private property and maintained at our expense by our owners association, we have no authority to deny access to anyone.

We each purchased our parcels within my association subject to those easements and I suspect that there are similar easements in your association.

The subject of roads and easements is very complicated and I would suggest that your association consult an attorney before trying to have any more "trespassers" arrested.

MikeL13 (South Carolina)
Posts: 83

Posted:

I'm with Tim. Set up a date and time and let them get their stuff. Then you're done with them.

LaverneB (Florida)
Posts: 79

Posted:

This home has been bought by FHA, and handed over to a real estate person.The home has become a health concern as there is food left in the home, etc...We have informed the realator but no action has been taken and now our lawyer is handling it.

PitA1
Posts: 222

Posted:

the interior is NOT the concern of the HOA

UNLESS

it presents a PHYSICAL hazard to another 'unit' (eg. flooding, mold, etc.)

MYOB

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