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MichelleM4 (Michigan)
Posts: 19
Posted:
Looking for some advice on how to deal with this situation. The HOA president from the subdivision adjacent to ours keeps showing up announced in our backyard. I have found him in my backyard at least 1-2 times a month since May. For context, our subdivision shares a common property line with a neighboring sub. My lot and two others back up to the neighboring subdivision. All lots have about a 20 foot wide stretch of woodlands (unprotected) between the houses.

Back in May, my husband had some rotting trees cleared from our side of the woodland (cherry trees rotting from the inside that were close to falling down). This prompted the neighbors behind us to send their HOA president over and all yards were surveyed. The hired a surveying company who installed 4 foot high flouresent orange stakes in the ground to mark the properties. The surveyor's markings clearly indicated that the trees we removed were well within our property. However, the neighboring homeowners and their HOA still requested a meeting with myself and my husband to "walk the property line."

They wanted to meet at 9PM (in Michigan) - pretty much dusk. The HOA president came over with a beer in hand. They proceeded to tell us they didn't agree with removing the trees because it affected their cover, and now they could "see more of our house." As our sub is about 15 years newer than their's, it is my opinion that the neighbors were just irritated that we (and our neighbors) decided to clean up the brush on our property. As far as I am concerned, it is none of their business if we removed trees on our own property.

In any case, since May, I have seen the HOA president in my backyard on multiple occasions. I have no idea what he is doing, or why he feels he has the authority to trespass on my property. When questioned, he gives some flimsy excuse. It is very bizarre to me that he walks (on our side of the lot line) through the woods. Last night was the final straw.

I had let my dog out into the yard (she has free reign of our yard). I heard what I thought was deer coming through the woods, but when I looked out, it was the HOA President and his dog in my backyard. By now, they were standing in my backyard, looking at my house. It is important to note that I have a really shallow backyard - only 18 feet from the back of the house to the wooded strip. I called out to him and asked if I could help him with something. He said no, he was admiring my deck. I found that very odd - why wouldn't you ring my doorbell if you wanted to look at my deck? Then he made some comment about how the grass in my backyard filled in well. I found the whole thing creepy. He then turned an proceeded to walk through the backyard of my two neighbors until he was able to get on the sidewalk (walking through the mulch and that runs along their backyard).

It makes me very uneasy that this guy just "pops up" in my backyard. He is not even my HOA President - why does he think he is entitled to enter my property? If there is something he wants to see, relative to the common lot line, why doesn't he look at it from his subdivision's side? And, to bring his dog onto my property - what if his dog harmed mine, b/c I had no clue he was roaming my lot? I find his habit of wandering onto my property boardering on harassment.

Does anyone have any suggestions on how to handle this situation? Should I ask him to refrain from entering my property without my permission? Should I file a tresspassing report? Should I put all of this in writing, so he no longer has an excuse (and I can document what I have asked him)? I am just tired of not having privacy on my own lot.
BillH10 (Texas)
Posts: 1,217
Posted:
Michelle

My advice is:

Document each occurrence, including a synopsis of any thing said between the two of you.

Ask him to respect your privacy and not enter your property uninvited.

If it continues, put that request in writing.

If it still continues, discuss what is taking place with the local police and file a report if necessary.

Forget the fact the man is the president of the adjoining HOA, that has no bearing on his actions or your course of action. Treat this as you would anyone else, regardless of who they are.

You can, of course, immediately file a trespassing report. My recommendation is that you not do so as a first step, see if you can resolve it privately unless his actions are such you have concerns for your personal safety.
PitA
Posts: 1,416
Posted:
since you are in Michigan, file a trespass complaint with local LE

if you were in Georgia, you could address the issue with Mr. Smith and Mr. Wesson

(after posting appropriate signage)
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BillH10 on 09/10/2015 6:33 AM
You can, of course, immediately file a trespassing report. My recommendation is that you not do so as a first step, see if you can resolve it privately unless his actions are such you have concerns for your personal safety.

Disagree. Not a first occurrence. Excuses are lame. Wait til next time he shows up with or without dog. Call police immediately and tell them you think he is stalking.

Agree that his being Prez is irrelevant.

Sikubali jukumu. Read all posts at your own risk.
BillH10 (Texas)
Posts: 1,217
Posted:
NpS

I see your point and I struggled a bit before posting what I did as my first reaction was the same as yours. My only concern is going directly to the police may have unintended consequences which could possibly be avoided if she can successfully get him to stop.
ND (PA)
Posts: 792
Posted:
I agree that the situation is strange and awkward. However, some people are oblivious to their own actions and he could very well think he's ok to do what he's doing.

Definitely document as specifically as possible all that has occurred so far.

Unfortunately, the fact that you haven't already pointed out to him that he's on your property without permission may have him thinking that you're ok with it.

I think trying to confront him politely about the situation would go over best initially. Either wait for him to show again, or find out his contact info and call or email. Make sure he knows that he's not to enter your property. After you confront him, if he does it again, I would immediately go to the authorities.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ND on 09/10/2015 7:22 AM
I agree that the situation is strange and awkward. However, some people are oblivious to their own actions and he could very well think he's ok to do what he's doing.

Definitely document as specifically as possible all that has occurred so far.

Unfortunately, the fact that you haven't already pointed out to him that he's on your property without permission may have him thinking that you're ok with it.

I think trying to confront him politely about the situation would go over best initially. Either wait for him to show again, or find out his contact info and call or email. Make sure he knows that he's not to enter your property. After you confront him, if he does it again, I would immediately go to the authorities.

Sound advice.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By ND on 09/10/2015 7:22 AM
I agree that the situation is strange and awkward. However, some people are oblivious to their own actions and he could very well think he's ok to do what he's doing.

Definitely document as specifically as possible all that has occurred so far.

Unfortunately, the fact that you haven't already pointed out to him that he's on your property without permission may have him thinking that you're ok with it.

I think trying to confront him politely about the situation would go over best initially. Either wait for him to show again, or find out his contact info and call or email. Make sure he knows that he's not to enter your property. After you confront him, if he does it again, I would immediately go to the authorities.

I agree. I also don't trust the individual and their motives. They had already expressed dissatisfaction with your removal of your trees and now makes frequent unwarranted visits to "admire" your deck? Part of me thinks there is another motive. You are not in their HOA so they have no control over you or your property so don't be surprised if you start getting "anonymous" code complaints for your property, slight modifications to your wooded area, or eventual harassment.

Make it known you don't want visits on your property and next time call law enforcement.
TimB4 (Tennessee)
Posts: 21,059
Posted:
As others have said, ignore what job the individual has.
It's an individual who is trespassing.

Contact the police the next time it occurs.
If you are concerned for your safety, consider an order of protection.
ValK2 (Tennessee)
Posts: 65
Posted:
He seems to think he can intimidate/threaten/bully you by his presence, which likely stems from the audacity that you had to remove some brush from YOUR property.

Maybe one conversation to tell him you feel uncomfortable having him and his dog roaming in your back yard, especially since it is private property and he is there uninvited.

The next conversation involves the police who will have a little chat with him and that (unless he is a complete sociopath) should put a stop to it.

Likely he is going back to his constituency and telling them that "he is dealing with the situation" (removal of the brush) and appears to be the BMOC (even though it is none of his business, and he has no authority).

Some people are just "that" way...and they seem to congregate in(sadly)HOA's.
SofiaD (South Carolina)
Posts: 16
Posted:
Quote:
Posted By MichelleM4 on 09/10/2015 6:11 AM
Looking for some advice on how to deal with this situation. The HOA president from the subdivision adjacent to ours keeps showing up announced in our backyard. I have found him in my backyard at least 1-2 times a month since May. For context, our subdivision shares a common property line with a neighboring sub. My lot and two others back up to the neighboring subdivision. All lots have about a 20 foot wide stretch of woodlands (unprotected) between the houses.

In any case, since May, I have seen the HOA president in my backyard on multiple occasions. I have no idea what he is doing, or why he feels he has the authority to trespass on my property. When questioned, he gives some flimsy excuse. It is very bizarre to me that he walks (on our side of the lot line) through the woods. Last night was the final straw.

.

THe HOA President did trespass in our property 2x, regardless of letter notice we sent he still did it.
I suggest file a no trespassing notice to him so that in case you see him you can call the cops and he has no leg to stand on. That might help him NOT to be in your property and you are not playing his game.

DO ALL THINGS IN LEGAL and you will never go wrong.
DOCUMENT everything even the date and time.

Don't wait as he don't care anyway. Ask in your Police department how to file a no trespassing notice.
Don't let him abuse you.

Just an advice no matter how much anyone try to provoke you to react DO NOT SAY anything ..walk away but document everything..say something leave but never anything nasty..just call the cops let them handle it.
Because what they do is to provoke you so that they got something to get back to you.

I know how you feel , we both love our house and moving is not an option just because of one nazi person where there is law to protect us
MichelleM4 (Michigan)
Posts: 19
Posted:
Thank you all for the solid advice. I sent him a brief email this AM, simply stating that his unannounced visits made me uncomfortable and that I would like for him to respect my privacy by staying off my property. I also added that if he wanted to look at / discuss something, please contact my husband or myself to set up a time to meet.

I do agree that documenting things like this is important, and as others pointed out, he is likely thinking he can just pop in because he is a president. If it was a complete stranger, I would definitely be calling the police (and that will be my next step if he continues to drop in).

Thanks again for the advice!
MichelleM4 (Michigan)
Posts: 19
Posted:
Interesting, after I sent the email, he responded with, "Michelle,

I was on Mystic Forest property to inspect the area. When I saw you I came on your property to talk. "

As another poster pointed out, he has a lot of excuses. The way I saw the situation was that he was standing on my property with his dog, which prompted me to call out to him and ask him if I could help. He "did not come on my property to talk." (And who comes to someone's backyard to talk anyway?) He was caught red handed and knows it.

Next time - I will contact LE.
SofiaD (South Carolina)
Posts: 16
Posted:
Quote:
Posted By MichelleM4 on 09/11/2015 7:28 AM
Interesting, after I sent the email, he responded with, "Michelle,

I was on Mystic Forest property to inspect the area. When I saw you I came on your property to talk. "

As another poster pointed out, he has a lot of excuses. The way I saw the situation was that he was standing on my property with his dog, which prompted me to call out to him and ask him if I could help. He "did not come on my property to talk." (And who comes to someone's backyard to talk anyway?) He was caught red handed and knows it.

Next time - I will contact LE.

I think it is best if you say "I am not authorizing you or anyone on hoa board to be in my property without prior written notice
And can only be in my property after I have replied allowing you to check anything on my property with a food reason. If this happen again I will be calling the Police and put you on trespassing"

No more nice letter.As it looks like he has never ending excuse. It has to stop.

I tried what you did to b nice after 2nd time our hoa president did it again, I put him on no trespassing. That way he knows am seriuos and dont take his bs

Hope this Helps
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By ND on 09/10/2015 7:22 AM
I agree that the situation is strange and awkward. However, some people are oblivious to their own actions and he could very well think he's ok to do what he's doing.

Definitely document as specifically as possible all that has occurred so far.

Unfortunately, the fact that you haven't already pointed out to him that he's on your property without permission may have him thinking that you're ok with it.

I think trying to confront him politely about the situation would go over best initially. Either wait for him to show again, or find out his contact info and call or email. Make sure he knows that he's not to enter your property. After you confront him, if he does it again, I would immediately go to the authorities.

Agreed, but signage is critical. No Trespassing signs must be conspicuously displayed. If he crosses the property line at a specific point each time, I would post that particular location in addition to others.

He definitely needs to be informed that he's trespassing and is not welcome to be on the OP's property without permission.

If he enters the property in spite of those two things, he is guilty of willful trespass which should be documented with photo/video and the police should be contacted.

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