FL - HOA President Going Door to Door - Trespassing?

To start off, our local county officials have said that they themselves cannot walk up on our properties and come to the door. It would be trespassing for them to walk past the common property, street or sidewalk, onto the property.

So, regarding our HOA President, this person has decided that they are going to start going up to our houses to make us sign for paperwork , etc. to prove that we received it. They also have other motives for walking up on people's properties, but that is another issue (snooping,finding things to cite,confronting people for law enforcement issues, which they have already been doing)

As far as delivering paperwork door to door and making residents sign for it, is this not trespassing? This HOA President does not think it is.

I read through Florida Statutes and just don't see it spelled out. But, my feeling is, if the county knows it's trespassing if they themselves do it, then why would it be any different for people on an HOA board?

Some of us live alone, others have health issues and may be resting at odd hours, others might be in the shower or not be dressed and ready to jump to the door. I want this person to call ahead and make an appointment instead of walking up on me unannounced and I said so. I doubt they will call me first. I also don't really want this person snooping around either or invading my privacy. I want to be left alone and I know others feel the same.

I would prefer any paperwork to be mailed or to pickup myself at the office.

Paperwork refers to copies of Rules and Regs, newsletters, etc. I'm not referring to serving violation notices. At least I don't think so, but maybe this HOA Pres plans on doing that too door-to-door.

This person also has a history of confronting people at their homes face to face for perceived (usual very minor) violations. Will actually get in people's faces and call them names and threaten physical violence if stood up to. The person targeted in that incident is now selling....

When we were restating our Bylaws in 2010, we went door-to-door soliciting and collecting. Residents didn't have an issue nor did our attorney.

I have no idea if the sheriff was called in the one instance. I just heard the HOA President called the person racial slurs after the person agreed to correct the very minor infraction. Then the HOA Pres threatened a physical fight. I would have called the sheriff if it were me, but I think this family elected to place their house for sale.

This HOA Pres is on a reign of terror, but it sounds like per previous reply that they can just willy-nilly come up to our doors to make us sign for paperwork like 5 year olds and hope that he doesn't start in about something.

The proper response to threats of violence is to call the police. There's not much you can do when people allow themselves to be intimidated. That only makes the bully stronger.

Florida does have a "Tresspass on property other than structure or conveyance" statute, FS 810.09. I'm not a lawyer and won't pretend to know everything there is to know about that statute, but it certainly seems like the criminal offense of trespassing exists where people come onto your property without permission and after having been asked to leave.

Document everything and take pictures and video if possible.

Also check your governing documents. The CC&Rs here where I live give the board the right to enter upon the property of homeowners in certain instances. The delivery of paperwork isn't one of them.

Our CC&R's literally don't say a thing about it. That is why I ended up coming here.

In the past, at least for the past 3 decades....paperwork was always mailed or you could pick it up at the office. Newsletters would be put under your windshield wiper, which I didn't really like, because I never could see or hear when someone was out there. The newsletter would just mysteriously appear. But, at least someone wasn't knocking on my door insisting on personally handing it to me. I did prefer when they were up at the office/clubhouse for us to pickup.

Never thought of that. We do have a No Soliciting Rule in here and even signs posted stating so

Our CC&r's are not lengthy. It is not addressed. Every board until this one person came along knows that they have to stay on common property, which is the street.

We have no sidewalks. It is a mobile home community where we own the mobile home and the lot of sits on.

To get to our doors, they must walk onto the property.

Up until now, this has not been an issue. This new Pres is walking up to doors no matter what. Some has been to engage in confrontations thus far and plans on delivery and getting signatures for paperwork.

This person has been told by the rest of the BOD and other homeowners that they can't go past street onto properties. This person doesn't care.

If the person after being told not to go past the street ... if does police should be called. Also, the Board can remove from Officer position on the Board and demote the individual to just being a Director until your next Membership meeting. At which time they should be replaced. The alternative would be to call a special meeting and completely remove this Director.

@LynnM9

First, I want you to know that I was nearly in the same situation two years when we purchased our property - a detached home on 1 acre. House and land belongs to us.

One of our neighbors was on the board and felt he could always be on our property, citing security reasons. This person was a time bomb.

Anyway, what initially worked for us was point blank letting him know he was not allowed on our property anymore. If there was a security reason to be on it, he needed to document it, and contact the local police.

Anything pertaining to the HOA was to be mailed to us. We were not going to accept anything had delivered.

That seemed to worked initially (but later through our security cameras found out he was still trespassing on our property.) When we realized he wasn't abiding by our request, we contacted the police and an attorney, then finally through legal means, were able to keep him off our property.

These people have no boundaries - they do whatever they want and think they're entitled to it. You have to nip it in the butt immediately. First, let him know that he's not allowed on your property without your invitation, period. All HOA business must be mailed to you. If he has questions, he can call, that's it.

If that doesn't work, be prepared to file police reports. Document everything. Then get a good attorney.

I know many here may say speak to the rest of your board, but what I've realized in the last couple of years, is boards that have these kind of people on them are not effective and generally intimidated by these thugs.

Good luck, keep us updated.

If Board does not stop and remove then all the members who are fed up can call a Special Meeting and replace the individual. Are you interested in filling the position? If not you need to have someone willing to step up to the plate.

As others have said, and it seems you would support it, Lynn, the board needs to vote to remove her from the office of president. How many directors are there?

Your and other neighbors might get together and sign a letter to the other board members requesting this. Put the pressure them. You also might also them where the prez gets the authority to invade Onwers' privacy. Unified action will work! Larry's advice looks good here.

I'd say that if your documents do NOT state that Board members may come to your homes, then they may not.

5 directors. 3 trustees.

No CC&R's don't address that topic at all. That is why I decided to come here for some insight.

So, this year one of the habitual trouble makers seized upon the opportunity to get on and be Pres. No one wanted job and no real election since everyone just gets in by default to fill slots.

There are no choices to elect technically, if you know what I mean.

I know no one here can assist with the circus this place is and always has been. Just wanted to figure out if I could prevent this person from showing up at my house anytime to deliver paperwork.

Do you have common area property or other items the HOA dues are used to pay for? If not and if you can get all the owner's to agree in some states you can eliminate or disband the HOA. It essentially would be similar as if you had not reinstated via MRTA, except more difficult now because it would take all owners to agree and possibly your local government entity.

Yes, it is tresspassing and yes it is allowed until you state otherwise. Just because a front door is private property doesn't mean a person can't walkup your entrance and knock on the door.

A no tresspassing sign would help, as would a resolution to the board admonishing the president to quit such actions and stating that if they continue to do so, they are acting contrary to the wishes of the board.

I’ve read this conversation and maybe it’s just me, but…

Why hasn’t the rest of the board told this president to knock it off or remove him from the position, since he's behaving as if he's punch drunk on power? Threatening people, calling them out of their name and other juvenile behavior is not only unprofessional and inappropriate behavior, these days people are really volatile and you might get a case of whoopass opened on you or just shot if you run up on the wrong people.

Has anyone (actually a group of folk) gone to the board meeting and told the man to his face his behavior is unacceptable? If the rest of the board cannot or refuse to reel this guy in, perhaps the community needs to vote them out in the next election (or recall them).

All of us have been conditioned to automatically run to the door when the bell rings or there’s a knock, but do people really need to be reminded they’re not under ANY obligation to answer the door? You really don’t need to look for this in Florida law – if your door has a peephole and you see this guy standing there, don’t respond and walk away (just like people do with door to door salespeople). If he starts peeping in the window, walking around in your backyard or otherwise behaves in a way that invades your privacy, call the cops (a non-emergency call should suffice unless the guy’s behaving like a pervert)?