ChristineP1
Posts: 47
Posts: 47
Posted:
Can the ARB or BOD walk on your property at anytime without contacting the homeowner. Under construction would be different I understand.
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When can the ARB & BOD go on homeowner's property.
Started by ChristineP1 • 10 replies • 1253 views
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BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
in general for single family homes, they would be allowed the same access to your property as any other "civilian", like a postman, UPS driver, delivery person, etc.. Driveway, sidewalk, up to the front/rear door or gate, perhaps incidental crossing of a lawn to access a service meter or device, etc.
Some CC&R's have specific clauses granting the HOA access for some situations. others do not. they can, of course, access any common areas as needed and allowed for.
Some CC&R's have specific clauses granting the HOA access for some situations. others do not. they can, of course, access any common areas as needed and allowed for.
ChristineP1
Posts: 47
Posts: 47
Posted:
I did not ask the question properly. I meant to walk around your home and in your back yard.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Christine,
In our governing documents, the HOA has that right of entry onto the property.
In fact, the CC&Rs even grant it the right to correct violations.
Our HOA has never actually done that, although it has gone into back yards on occasion, for various reasons.
Once was to investigate the claim of a violation of a "failure to maintain" notification. They took pictures of the violation while on the property as well.
They do NOT, however, have any clause or section that allows them to enter the HOME, only the premises.
It's possible your governing documents allow that as well.
It's a pretty common clause in my area.
In our governing documents, the HOA has that right of entry onto the property.
In fact, the CC&Rs even grant it the right to correct violations.
Our HOA has never actually done that, although it has gone into back yards on occasion, for various reasons.
Once was to investigate the claim of a violation of a "failure to maintain" notification. They took pictures of the violation while on the property as well.
They do NOT, however, have any clause or section that allows them to enter the HOME, only the premises.
It's possible your governing documents allow that as well.
It's a pretty common clause in my area.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
You could also put up a sign:
POSTED NO TRESPASSING
BOD MEMBERS
ARB MEMBERS
AND REVENUER'S
WILL BE SHOT ON SIGHT!
POSTED NO TRESPASSING
BOD MEMBERS
ARB MEMBERS
AND REVENUER'S
WILL BE SHOT ON SIGHT!
Studies show that 5 out of 4 people have problems with fractions
DJ1 (Ontario)
Posts: 798
Posts: 798
Posted:
The one here has "Upon 48 hours notice and during reasonable hours..."
That seems reasonable. To do so at anytime is not, even the postman, delivery man etc do so during reasonable hours, so I don't think BOD have carte blanche!
That seems reasonable. To do so at anytime is not, even the postman, delivery man etc do so during reasonable hours, so I don't think BOD have carte blanche!
DJ1 (Ontario)
Posts: 798
Posts: 798
Posted:
Ps. also subject to any easements that may grant them access for situations like Brian mentioned.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Christine,
Most likely they can. Your governing Docs will have a statement for the allowance. If there are also easements, like for utilities, your property is required to be accessed by the utilities and the Board in case of emergencies. This is community living and you will have to get used to some of these rather bothersome things. Yes, it is your lot but it is within the area of the HOA for enforcement.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Our association allows only "for rent" or "for sale" signs. All others can be removed by the association. Oh, you were kidding, right?
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
I think that as a common courtesy, the Board should announce the dates of an annual/bi-annual (or whatever)"walk-thru" inspection by either a committee or the Board itself. This kind of forewarns people that at this time, they could see some people make a quick tour of the properties.
GloriaM (North Carolina)
Posts: 829
Posts: 829
Posted:
Christine:
Although your documents may allow the board the right to egress; walking on someone's property to access their backyard should result in a letter asking the HO for permission first.
Although your documents may allow the board the right to egress; walking on someone's property to access their backyard should result in a letter asking the HO for permission first.
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