To enter propertyn or not

Our HOA has sited 3 homeowners for dead trees in their yard. Our Restrictions provide for a property that has no structure on it yet for the HOA to cut and remove dead trees, cut grass, etc. but nothing that addresses a property that has a house on it.
My question:
Can our HOA enter the property with a bonded, insured contractor to remove the dead trees?

. . . .

and even though our own docs give us that RIGHT, we still never EVER do it. The various attorneys we used over the years STRONGLY recommended against it. Especially if it was something like lawn maintenance or property that needed to be maintained. In one case, we were needing to remove an unapproved outbuilding.

We go through the violation process until we get to the part where we can get a court order to do so.

Generally we get compliance before it gets that far. The homeowner dismantled his shed after he received the letter from the attorney informing him of our intent to file litigation.

In only one case ever have we had to enter a resident's property to "fix" a violation.

We received a court order to remove 3 dogs from a resident's property and were able to go onto the property with a sheriff and 2 animal control officers to obtain the dogs.

In the event of a foreclosure, you need to carefully document what is spent before and after foreclosure. From what I saw on the news feeds there are a couple HOAs in the Las Vegas area that are filing liens on properties owned by the banks. My understanding is that on the day of foreclosure the primary (and subordinate) liens are extinguished in the foreclosure action. If so, that should open the door to a new lien which appears on otherwise unencumbered land. (Well it would still be behind taxes and such.)

As for entering to rectify a problem, I would be inclined to get a court order first. But that is an inclination. Also, what is regular business in one area of the country is forbidden in another.

Our docs allow the HOA to enter a private lot (not residence) to enforce the docs.
I'll guess yours do, too, but perhaps in an alternate section than the specific one you mentioned.

LindaD,

I think it's pretty much standard for CCRs to contain an article stating the board has the authority to perform maint. on a member's property if that member fails to do so. The member must be notified and given a specific period of time to perform the maint and if they don't the assn may do so and charge the fee to the member's assessment lien. This article is generally falls under the topic of "Maintenance". I would suggest that b/4 the assn would take this action they would again contact the owner and inform him of their planned action and specifically what date it will occur.

I am glad that works for you Michelle. Each neighborhood is different, in more than one way. You really have to "get to know your audience" and proceed from there on what actions will best bring them into compliance and overall what is best for the community as a whole.

Having an insured, licensed, contractor takes care of the "sue the association" thing for us and it provides quicker results for the community (Mind you we are talking about garbage, trees and mulch/weeds/bushes). We have more "special" meetings, because of the abrupt action we take when it comes to violations that further drive down our overall property value, but often find those people fall into compliance a lot quicker then following the violations, fines, court action step.

Oh, absolutely, Mike and Tamara.

I'm not at all arguing in support of one position or against another.

I'm just sharing what we do and why we do it.

It's things like this that are truly up to each individual HOA, and really, probably differs from board member to board member on the HOA board.

I wouldn't at all be surprised if, several years from now, if the current board members are no longer on the board and there is an entirely new group of directors, heck, they may decide to go ahead and do it since the docs DO allow for it. . .

George, there is no mention of this being Private Property. In our community, although our yards are Limited Common Grounds (meaning meant for my exclusive use), I and the association, through our governing documents, have an invested interest in my neighbors yard next too me and at all the way through the neighborhood. If not in an emergency situation, which we can enter immediately - even a home, all we are required to give is a 24 hour notice.

Now we have had to enter a home, under the situations where a neighbor has not winterized their home before going into foreclosure leaving the home vacant or just hi-tailing it out of here causing the pipes in the homes to freeze in the winter and pour out of the home. Should we have to receive a court order for that, whew.....what a mess!

I don't think the author of this thread is specific enough about where they live, what their governing documents say and even what city codes/state law say about the property. You have to take all these things into consideration when making a decision.

We are looking into fixing neighbors mulch area's under a contractor and trimming trees that overhang the common sidewalks, we may even go as far as replacing trees that should of never been planted in the first place, by the developer, and have died and look unsightly. I don't see how any association would fair poorly in court if they are acting on the best interest of the community in a responsible way by following the governing documents.

I believe in C.Y.A., but don't think when you have these documents to follow, it always has to end up in court when dealing with situations like these.

In our case, if this were in our subdivision, which is made up of stand-alone, detached, single-family homes, there is NO way we would enter such a home to "winterize" it, or really under any circumstances without a court order.

We would not even enter the property to mow and maintain without a court order allowing us to.

Since we are not a condo or townhome or similar type HOA, then, thankfully, we don't have to parse our response for situations like that!

I don't envy having to make that decision.

Michelle, our whole neighborhood is private property mastered off of one water meter, then sub meters for the individual homes. Now get this, the association pays the bill for the whole neighborhood upfront, then after the water company receives individual payments the association gets reimbursed the difference between what they paid upfront and what was collected individually. So it is in the communities best interest to go turn off water in vacant homes when we can or plan for a contractor to turn off the water before winter comes. If that water is running due to pipes bursting and the home is vacant, the whole association pays.

I assume and ask; you live in a "regular" type neighborhood, that is not visually obvious an HOA/Condo/Townhome owned by the city?

Hmmm.... I don't know if I can explain where this would give a clear picture. We are a unique community, detached single family homes in a condo environment. There is about 12 feet of space between my neighbors home and mine. We are private property and we own everything including the infrastructure beneath us (and are still paying for that infrastructure through a third party system/title to the land will be turned over to the community when payment is complete).

Because I bought into every square inch of this property that our neighborhood sits on I have a divided interest in it and every home that sits on it. The BOD is appointed to protect that property for me and can do so through our governing documents.

Homeowners have the same responsibilities towards their homes as if they lived in a "regular" neighborhood. The BOD has the responsibility to oversee the property as if it were a condo environment to protect the interest of the communities property/value.