Security Issue

We have a new security company who is supposed to be here to protect the residents from vandalism, etc. Yesterday, I was talking to the security guard and was informed they were here to report to the management company any CC&R violations. One thing he mentioned was his right to walk on our property and inspect our vehicles for proper registration. If the vehicles aren't registered, they can be towed.

We live in single family detached homes. We own the homes and the property they sit on. My question is, would the security guard be trespassing on private property if they do come in our driveways and inspect our vehicles? Second, can they tow vehicles out of our driveways?Also, our CC&R's state we can park RV's and boats on the common area streets for 72 hours. He stated the management company states no boats or RV's are allowed and should be towed immediately.

I feel the management company is giving out bad information that is going to cost homeowners and possibly end up in a confrontation between a homeowner and a tow company. And yes, for those who always want to know what the CC&R's say, all vehicles must be registered and in proper running order. I don't think that gives a security guard or tow company the right to come on private property or driveways. To me, it's a matter of a violation letter, hearing and fine if it goes that far.

Our vehicles are registered and in proper running order so I'm not concerned about anyone checking my plates but it's the idea they think they can.

Comments?

i see angry people, and threats of lawsuits in the HOA's future...

I believe the problem is not so much WHAT is being attempted, but HOW it is being done. The process seems to have gaps and loopholes you can drive an unregistered semi through, and that will only cause problems. the board needs to tighten up the process, procedures and rules with the MC and security company, as well as inform HO's about the process.

Regarding the RVs, and the Streets.. Are the streets owned and maintained by the HOA, the city, town, county, state? If so, what are the laws within the municipality that apply to parking RV's on public roads. In our area, many of the streets are restricted to where you cannot park boats, trailers, and RV's on public streets, but there is a 48 hour load/unload provision.

Regarding vehicles in the driveways - Not even the county here will ticket a vehicle for dead tags that is parked on private property. I can't imagine what might happen if someone came onto my land and towed my vehicle. We conferred with our HOA attorney on this one and he advised against even thinking about towing violators from their driveway.

What ever happened to Due Process? Oh.. that's right.. It's called the Patriot Act.

Kathy,

You've got to be kidding!
Jane

Our CC&Rs "technically" allow us to enter a owner's property, but we've never done this, to my knowledge, and I can't imagine a situation where we would. It doesn't give us the right to enter to "investigate" alleged infractions, at any rate. We would never construe "preservation of property on an individual lot" with "investigating to enforce deed restrictions."

"Article IV. Section 3. Residents Association's Right of Entry. The authorized representative of the Residents Association or the Board shall be entitled to reasonable access to the individual lots as may be required in connection with the preservation of property on an individual lot or in the event of an emergency or in connection with the maintenance of, repairs or replacements within the common area, or any equipment, facilities or fixtures affecting or serving other lots or the common area to make any alteration required by any governmental authority."

I think the security officer is being more than prudent, even as an "authorized representative," to not enter the property in those circumstances.

We have several Board members not abiding by all the rules and regulations here but manage to stay exempt from violation letters and security guard threats. This has been an ongoing dispute at the association meetings.

Thanks to everyone for your answers. It seems we are all in agreement on what a security guard can and cannot do.