ChristianN5 (Florida)
Posts: 2
Posts: 2
Posted:
Does the hoa in fl have the right to servey a home owners property without permission or notification from the homeowner?
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Serveying
Started by ChristianN5 • 9 replies • 1598 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Why are they surveying? Do you object? If you object, why?
Thanks
Thanks
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Are they surveying your property or are they simply surveying the common area (that may be around your property)?
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By ChristianN5 on 11/08/2016 4:39 PM
Does the hoa in fl have the right to servey a home owners property without permission or notification from the homeowner?
Does the hoa in fl have the right to servey a home owners property without permission or notification from the homeowner?
At first blush, yes
Quote:
472.029 Authorization to enter lands of third parties; conditions.—
(1) IN GENERAL.—Surveyors and mappers or their subordinates may go on, over, and upon the lands of others when necessary to make surveys and maps or locate or set monuments, and, in so doing, may carry with them their agents and employees necessary for that purpose. Entry under the right granted by this subsection does not constitute trespass, and surveyors and mappers and their duly authorized agents or employees so entering are not liable to arrest or to a civil action by reason of such entry; however, this subsection does not give authority to registrants, subordinates, agents, or employees to destroy, injure, damage, or move any physical improvements on lands of another without the written permission of the landowner.
(1) IN GENERAL.—Surveyors and mappers or their subordinates may go on, over, and upon the lands of others when necessary to make surveys and maps or locate or set monuments, and, in so doing, may carry with them their agents and employees necessary for that purpose. Entry under the right granted by this subsection does not constitute trespass, and surveyors and mappers and their duly authorized agents or employees so entering are not liable to arrest or to a civil action by reason of such entry; however, this subsection does not give authority to registrants, subordinates, agents, or employees to destroy, injure, damage, or move any physical improvements on lands of another without the written permission of the landowner.
ChristianN5 (Florida)
Posts: 2
Posts: 2
Posted:
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. Even the cable company lets me know they are going to be working around. This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
CjS (Maryland)
Posts: 21
Posts: 21
Posted:
Do you back up to common area? I presume there are easements around you?
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By ChristianN5 on 11/09/2016 4:34 AM
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. . . This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. . . This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
I think Mark's citation of 472.029 answers all your questions. Surveyors are not required to announce their presence but may enter onto your property if they need to. I am unaware of any legal requirement for the HOA, as adjoining property owner, to obtain your permission to survey their own property. The association may have a legitimate concern about you or other adjoining property owners encroaching on the common areas.
If the association is concerned about encroachment, the topic of surveying may have been discussed in executive session as it would be a preliminary step in bringing legal action against those who may be encroaching, if any.
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By ChristianN5 on 11/09/2016 4:34 AM
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. Even the cable company lets me know they are going to be working around. This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. Even the cable company lets me know they are going to be working around. This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
Funny how the story changed. First they were surveying your lot, now they are surveying an adjacent area.
A lot of times the surveyors have to do more work than you would think to confirm lines and find other monuments.
So sorry, but life is kinda like that sometimes.
MichelleK5 (New York)
Posts: 161
Posts: 161
Posted:
Quote:
Posted By ChristianN5 on 11/09/2016 4:34 AM
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. Even the cable company lets me know they are going to be working around. This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
I think they we're serveying the common area but went behind my house and put stakes all around my lot. Never asked me, told me or mentioned it. Didn't come up at a meeting or was even voted on to spend the hoa money on this servey. The hoa just had people come on my property around my house without me knowing. Even the cable company lets me know they are going to be working around. This doesn't sound legal to me that the hoa can have people come on my property with no notice at all any time they want.
Someone here asked if I object and why. Do I object to them serveying the common area? No why would I. It's a common area. On the side and Behind my house. Absolutely I have an issue with it. Blinds are open, I may be swimming or my daughter might be laying out in the sun.
It would have been nice of them to let you know they were going to survey, but it's not a requirement.
One of the first things we did when we purchased our property was do a survey. The markers are on the edge of our property lines. I have no doubt that somewhere, they stepped on my neighbors property. It's expected. There's no law that requires me to tell my neighbors and I didn't.
I know one didn't particularly care for the way the orange markers looked, but it is what it is.
I'm a little confused by your posts, but if your property borders a common area, you can't realistically expect the amount of privacy you'd like.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Let me think about this. I backup to common property but I get upset when someone uses this common property. What does this make me?
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